will I loose my license???

adg75

anyone ever heard of somoene loosing their license for having a laptop open while driving??

was spotted by a Guard the other day and am feeling that the resulting outcome from what has been said to me is the lose of my driving license.

I have no previous convictions for anything.

Work for myself

Am C..ping myself over it.

Any advise out there?:o:o

Webmonkey

I don't see what can be done to you unless you were actively using it and doing dangerous driving as a result.

You could have your laptop opened for any reason....an example would be research, GPS, mapping etc.

I personally can't see what would be done to you here.

BornToKill

Webmonkey wrote: »

I don't see what can be done to you unless you were actively using it and doing dangerous driving as a result.

You could have your laptop opened for any reason....an example would be research, GPS, mapping etc.

I personally can't see what would be done to you here.

Section 3(4)(c) & (d) Road Traffic Act 2006?

adg75

Opened it to view battery level and while it was open guard in either an unmarked or personal car passed me by and seen it open.

I was then pulled over by a traffic core car later on down the road who was joined by the guard in the other car and was told I would be convicted of dangerous driving and cautioned I think under section 53 of road traffic act

was driving for about 30 seconds while it was open and was on motorway driving at 100kph and had both hands on wheel the whole time.

freaked out as drive for living.:(

sesna

I doubt you would loose your licence over that, its similiar to adjusting/looking at a Sat Nav. You probably face a court fine.

Ironic seeing the gardai promoting such safe driving given the number of times I have seen them driving around Dublin city like complete idiots on crowded streets responding to "emergencies".

Shield

They're exempt from the RTA while on duty, and how are you to know they're not responding to a stabbing or shooting?

adg75

hope that is all that happens.

have people been done for using their sat nav?

sesna

psni wrote: »

They're exempt from the RTA while on duty, and how are you to know they're not responding to a stabbing or shooting?

Does not exempt them from being wreckless with the general public.

I have witnessed unmarked cars completely out of control several times over the past few years. One one occassion speeding through Dame St at over 50-60mph at 2am with numerous drunk people opportunistically crossing the street everywhere on a weekend night. I suppose their advanced driving skills enable them to stop a tonne of metal quicker than the rest of us.

http://www.rte.ie/news/2005/0522/rta1.html
The emergency in this case was some youths hanging around a car park looking suspicious. The report is immediately following the incident, but the lady in question died as a result.

It also seems the exemption from the RTA unofficially applies when Gardai are off-duty also.

jimmycrackcorm

adg75 wrote: »

hope that is all that happens.

have people been done for using their sat nav?

I read a while back that some guy was done for dangerous driving for having a DVD player open and playing as he was driving.

You could have had your Laptop open for playing movies for example. You'd need quite a good reason for having it open which will be difficult. Using it as a SatNav (which I've done before myself) is invalid as unlike a SatNav on the windscreen it could cause you to distract yourself.

trad

psni wrote: »

They're exempt from the RTA while on duty, and how are you to know they're not responding to a stabbing or shooting?

Only certain sections of the RTA. A former colleague of mine was convicted under Section 106 RTA and members have been prosecuted following traffic accidents. Basicly you are exempt up to the point where you hit something.

I convicted a guy of careless driving in the 1990's for using a mobile phone whilst driving with his knee and taking notes with a pen in one hand and a notebook (paper) in the other. The Judge said he would have entertained a cae of Dangerous Driving.

Reloc8

What are you exactly charged with/summonsed for OP ? Some offences attract a mandatory disqualification, most which would apply to you do not, it is very rare if the latter pertains for a person before the courts for the first time to be disqualified.

Del2005

You'll be grand. Just don't bring your licence to court and even if you get convicted nothing will happen!! The question is why did you feel the need to "only" check the battery of your laptop when driving on a motorwa

Reloc8

Not presenting your licence is by the way a specific offence and going about it in this way will not affect the validity of any fine or disqualification, or penalty points.

Nonoperational

Very very unlikely you'd lose your license for that.

eamon234

For Christ's sake lads it's LOSE L - O - S - E
Can anyone spell around here:mad:
Back to the discussion - you were using it when the Garda saw you so you may well be charged with dangerous driving. In some countries you would have been done just for having it on the seat even if it wasn't open.

adg75

Del2005 wrote: »

You'll be grand. Just don't bring your licence to court and even if you get convicted nothing will happen!! The question is why did you feel the need to "only" check the battery of your laptop when driving on a motorwa

A moment of madness/stupidity del2005. battery is not holding charge and had to let a new potential customer know if I was able to see him or not that evening - had been using it earlier in day and was not sure where I stood with the charge on it. had no charger with me.

Complete moment of stupidity really - but you never expect that what seemed like a simple task to lift the lid and let it boot up to view the battery level would be spotted by a guard passing you in the overtaking lane - 30 seconds of stupidity.

adg75

jimmycrackcorm wrote: »

I read a while back that some guy was done for dangerous driving for having a DVD player open and playing as he was driving.

You could have had your Laptop open for playing movies for example. You'd need quite a good reason for having it open which will be difficult. Using it as a SatNav (which I've done before myself) is invalid as unlike a SatNav on the windscreen it could cause you to distract yourself.

I cannot prove why I had it open - nor can it be proved I had it open for a specific reason. The honest answer is that the battery does not hold the charge anymore and I had to confirm to a new customer if I could see them that evening and the only way to conduct my business as it is these days is throuhg laptop presentation - I had used in earlier in the day and was not sure what charge I had left in it and had no charger with me. A moment of madness where even on the motorway I should have just pulled over.

adg75

Reloc8 wrote: »

What are you exactly charged with/summonsed for OP ? Some offences attract a mandatory disqualification, most which would apply to you do not, it is very rare if the latter pertains for a person before the courts for the first time to be disqualified.

No charge or summons as yet - was cautioned under I think section 53 of the road traffic act and the guard who pulled was very sure in telling me I would be convicted as the complaintant was also a guard.

I'd take an endorsement right now. In these times a job is essential and as I work for myself loosing the license would mean no job and effectively screw up my home as I only started the business a year ago and these days you have to put your life on the line with the banks to do anything.

adg75

eamon234 wrote: »

For Christ's sake lads it's LOSE L - O - S - E
Can anyone spell around here:mad:
Back to the discussion - you were using it when the Garda saw you so you may well be charged with dangerous driving. In some countries you would have been done just for having it on the seat even if it wasn't open.

Thanks for the spelling correction - as you can imagine my spelling is the last thing on my mind at the moment!

Whatever the outcome just dont want to lose the license which is the impression I first got. I know believe an endorsement or fine seems the more likely outcome. But who knows.

Reloc8

adg75 wrote: »

No charge or summons as yet - was cautioned under I think section 53 of the road traffic act and the guard who pulled was very sure in telling me I would be convicted as the complaintant was also a guard.

I'd take an endorsement right now. In these times a job is essential and as I work for myself loosing the license would mean no job and effectively screw up my home as I only started the business a year ago and these days you have to put your life on the line with the banks to do anything.

Hmm..well, if he mentioned S. 53 RTA that is probably s. 53 RTA 1961 which is Dangerous Driving (to drive in a public place at a speed or in a manner which having regard to all the circumstances of the case, including the nature, condition and use of the place and the amount of traffic which then actually is or might reasonably expected to be therein is dangerous to the public.

You used to have to be specifically cautioned to allow a prosecution for that offence - not so any more but a lot of gardai follow the old practice.

Insofar as DQ is concerned, on conviction for dangerous driving causing death or serious injury which is tried on indictment (before a jury) there is a 4 year minimum DQ for first offence.

In other words, worst case there is no mandatory DQ. If what yo describe is the height of it you should be optimistic about getting a fine, endorsement & penalty points.

Also, Dangerous Driving is frequently reduced to careless driving -even less chance of a DQ.

Basically, you want to get yourself a decent solicitor who practices criminal law when and if you get a summons - never forget that lots of people who have the frighteners put on 'em at the scene do not end up summonsed - and if you do this you should keep your license. I am presuming you do not have any previous RTA convictions (can't remember if you said you did or didn't)

Hooch

O/P I havint read most of the replies but I can see you recieving an FCPN for Section 51 RTA 61/06. 2 penalty points and €80 fine. Driving without due care and attention/reasonable consideration for other road users.

On the post about Section 3 RTA 2006. The legislation reads the minister may......he infact did not inact it yet. So while it is not a direct offence to hold sat nav/ ipod......it can be classed under Section 51 RTA.

Hope this helps.

eamon234

adg75 wrote: »

Thanks for the spelling correction - as you can imagine my spelling is the last thing on my mind at the moment!

Whatever the outcome just dont want to lose the license which is the impression I first got. I know believe an endorsement or fine seems the more likely outcome. But who knows.

It wasn't just you sorry - drives me nuts just that word! Hope it goes O.K. for you.