Driving while using mobile: Challenging it!!!

Hogzy · 30-03-2009 9:07pm #1

My buddy is in court on Thursday for driving while using a mobile phone, The reason he is challenging it is because he wasnt actually on the phone. He has no evidence tho, Hes on 'ready to go' so no contracts and the incident took place in the summer, O2 only keep records for the previous 2 months!

At the time he offered the Garda a look at his phone to show him that he wasnt actually using it! The bloody thing wasnt even in his hand, And to top things off he has a hands free in the car!!!

Do you think he will get the points?

Wishbone Ash · 30-03-2009 9:09pm

The regulations don't specify that the phone has to be switched on so records are irrevelant.

Croc · 30-03-2009 9:20pm

Hogzy wrote: »

My buddy is in court on Thursday for driving while using a mobile phone, The reason he is challenging it is because he wasnt actually on the phone. He has no evidence tho, Hes on 'ready to go' so no contracts and the incident took place in the summer, O2 only keep records for the previous 2 months!

At the time he offered the Garda a look at his phone to show him that he wasnt actually using it! The bloody thing wasnt even in his hand, And to top things off he has a hands free in the car!!!

Do you think he will get the points?

Road Traffic Act 2006
3.— (1) A person shall not while driving a mechanically propelled vehicle in a public place hold a mobile phone.

“ hold ”, in relation to a mobile phone, means holding the phone by hand or supporting or cradling it with another part of the body;

http://www.irishstatutebook.ie/2006/en/act/pub/0023/sec0003.html#sec3

Where does it say that he has to be using it, so back to your original question "What do you think"

Hogzy · 30-03-2009 9:27pm

no but it was in his pocket and the Garda claims he was holding it, obviously the Garda saw him with his hand next to his face and ASSUMED he was on the phone!!!

Croc · 30-03-2009 9:37pm

Hogzy wrote: »

no but it was in his pocket and the Garda claims he was holding it, obviously the Garda saw him with his hand next to his face and ASSUMED he was on the phone!!!

Thats a bit different to your original post, then in that case he MAY have a good excuse, depends on the Jusge

Hogzy · 30-03-2009 9:39pm

But isnt it for the garda to prove he was using it, Otherwise they could just claim X,Y and Z were all using their mobiles!

Croc · 30-03-2009 9:43pm

Hogzy wrote: »

But isnt it for the garda to prove he was using it, Otherwise they could just claim X,Y and Z were all using their mobiles!

Read Post #3 the offense is HOLDING not USING,

IF as you say it was in his pocket then he has an excuse if it was in his hand then he has no excuse, which was it ?

seanybiker · 30-03-2009 9:48pm

Croc wrote: »

IF as you say it was in his pocket then he has an excuse if it was in his hand then he has no excuse, which was it ?

Since the poster said it was in his mates pocket I can only assume he means it was in his mates pocket.:rolleyes:

Hogzy · 30-03-2009 9:49pm

Croc wrote: »

Read Post #3 the offense is HOLDING not USING,

IF as you say it was in his pocket then he has an excuse if it was in his hand then he has no excuse, which was it ?

WHERE HAVE I SAID HE WAS HOLDING IT? WOULD YOU READ THE BLOODY POSTS!

It was in his pocket!!!!

Croc · 30-03-2009 9:50pm

seanybiker wrote: »

Since the poster said it was in his mates pocket I can only assume he means it was in his mates pocket.:rolleyes:

I am beginning to wonder, read all his posts

Croc · 30-03-2009 9:51pm

Hogzy wrote: »

But isnt it for the garda to prove he was using it, Otherwise they could just claim X,Y and Z were all using their mobiles!

Then what was all this about ?

Hogzy · 30-03-2009 9:52pm

Croc wrote: »

I am beginning to wonder, read all his posts

Oh my god! Are you drunk or something?

Hogzy · 30-03-2009 9:54pm

Croc wrote: »

Then what was all this about ?

Isnt the onus of proof on the Garda to prove the Offender was using (and by using i mean holding and i find it funny you cant decipher the language im using) the phone! it seems silly that the accused must prove he wasnt on the phone!

Croc · 30-03-2009 9:55pm

Hogzy wrote: »

Oh my god! Are you drunk or something?

Sober as a Judge,

The next time you are looking for help here maybe you should learn some manners and read and follow the posts properly.

Hogzy · 30-03-2009 9:58pm

Croc wrote: »

Sober as a Judge,

The next time you are looking for help here maybe you should learn some manners and read and follow the posts properly.

Thanks for the heads up, i think your the one who is miss reading posts!

Can anyone help?

Croc · 30-03-2009 9:59pm

Hogzy wrote: »

Isnt the onus of proof on the Garda to prove the Offender was using (and by using i mean holding and i find it funny you cant decipher the language im using) the phone! it seems silly that the accused must prove he wasnt on the phone!

You better read the link i posted earlier on, which is the relevant section of The Road Traffic Act 2006 before you go any further and make a complete fool of yourself and then maybe you can see the difference between hold and use. If as you say (and by using i mean holding) then you should have said that as those two words are ingredients of the Act and confusing them will cause problems.

Hogzy · 30-03-2009 10:02pm

Croc wrote: »

You better read the link i posted earlier on, which is the relevant section of The Road Traffic Act 2006 before you go any further and make a complete fool of yourself and then maybe you can see the difference between hold and use. If as you say (and by using i mean holding) then you should have said that as those two words are ingredients of the Act and confusing them will cause problems.

OK i think we have got off on the wrong foot, simple break down of communication between us...Sorry!!!

He was not using/holding the phone, it was in his pocket the whole time...

What do you think?

Croc · 30-03-2009 10:06pm

Hogzy wrote: »

OK i think we have got off on the wrong foot, simple break down of communication between us...Sorry!!!

He was not using/holding the phone, it was in his pocket the whole time...

What do you think?

The Guard will give his evidence which will no doubt be that he saw the phone in his hand, if as you say it was in his pocket then you friend will have a chance to explain what really happen then its up to the Judge, i can't really say what he might decided.

But the Guard has to prove his case.

Theoretically beyond a reasonable doubt.

Hope that helps

Hogzy · 30-03-2009 10:07pm

Croc wrote: »

But the Guard has to prove his case.

Theoretically beyond a reasonable doubt.

Thats what i thought! Thanks!

freefromgov · 09-04-2009 3:12pm

Hogzy wrote: »

Thats what i thought! Thanks!

Dude, it sounds to me like your friend is FOOKED. I'll eat my hat if the judge goes against the word of an Officer, His word carries more weight in the court system at present because he is considered to be an unimpeachable witness, as he is or was rather doing his duty ! and your friend............$%^&*( Fooked.
THere are other ways to deal with this type of thing. He could try calling the guard and talking to him/her to see where he stands ?????

seamus · 09-04-2009 3:21pm

There may be a separate regulation dealing with this as I recall reading a statute which made it illegal to have a mobile phone, "On or about your person", which technically made it illegal to have it in your pocket. Motorcyclists were up in arms at the fact that they could be charged for simply having it with them regardless of how/where it was carried.