Mobile Phones & Driving

Dionysius2

What kind of evidence do the Guards usually have to give to get a conviction in a Mobile Phone Usage/Driving prosecution ? Other driver was on phone imo when he broke my wing mirror and drove on but Guards weren't there to see him. It's not a big deal, just wondering if my evidence is enough or can I even get to give it in court ? Is me seeing the phone in his hand as good as the Guard seeing him with the phone in his hand ?

Victor

It is down to who is more believable in front of the judge.

Typically, a garda would be considered a better witness than a member of the public, but in specific circumstances, that might be different.

Procrastastudy

I really dont get why people dont use hand free kits. Anyone caught using a mobile phone while driving should be banned until they have one fitted. Guy must have been a complete a-hole not to stop.

seavill

Dionysius2 wrote: »

Other driver was on phone imo when he broke my wing mirror and drove on but Guards weren't there to see him.

The "imo" bit confuses me slightly. I think I am right in saying it means "in my opinion".

If so what do you mean by this statement? Just sounds funny. Either you saw him on the phone or you are guessing he was on the phone?

MagicSean

Why would you be worried about a mobile phone when the offences of hit and run and careless driving are more serious. A prosecution of this nature wouldn't be considered.

Dionysius2

seavill wrote: »

The "imo" bit confuses me slightly. I think I am right in saying it means "in my opinion".

If so what do you mean by this statement? Just sounds funny. Either you saw him on the phone or you are guessing he was on the phone?

My line of vision to the other driver lasted probably 5 or 6 seconds.....both cars were moving at maybe 20/25 mph each.......he had his hand up to the side of his head as we do when on the phone........he was holding something in his hand......was it a mob/phone ?......how could I tell with certainty in that situation?......how could anyone tell with certainty even a Garda?.......but I believe he was on his phone and I'm suggesting that my belief is stronger than 'guessing'. Others, I know, will see that differently.

As a point of interest how do the Guards convince judges that people in moving cars have phones in their hands ? Must have some way of doing it that the judges find acceptable as proof or do they all plead guilty ?
Maybe a couple of the thousands convicted of phone usage when driving each year could enlighten us ?

Potential-Monke

In cases where a Garda witnesses someone driving on a mobile, their evidence is usually enough to get a prosecution. It's up to the person to prove they were not on the phone. And a Garda usually won't bring someone up on this unless they are positive they saw them, as that is really all the evidence there will be.

If you included in your statement to the Gardai that you suspected that the other person was on the phone, they can then put that to the person in an interview/statement, but unless that person admits to being on the phone the Garda will not normally prosecute for the same unless s/he directly sees it, or there is enough evidence to prove it (the word of someone usually isn't enough), ie: cctv.

Departed

Excise me going a bit ot but is it an offence to drive with the phone in your pocket? What would happen if you were stopped at a checkpoint and it rang in your pocket

ResearchWill

Departed wrote: »

Excise me going a bit ot but is it an offence to drive with the phone in your pocket? What would happen if you were stopped at a checkpoint and it rang in your pocket

No, the offence is holding a mobile phone, "3.— (1) A person shall not while driving a mechanically propelled vehicle in a public place hold a mobile phone"
Hold is defined as "“ hold ”, in relation to a mobile phone, means holding the phone by hand or supporting or cradling it with another part of the body."

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

Dionysius2

ResearchWill wrote: »

No, the offence is holding a mobile phone, "3.— (1) A person shall not while driving a mechanically propelled vehicle in a public place hold a mobile phone"
Hold is defined as "“ hold ”, in relation to a mobile phone, means holding the phone by hand or supporting or cradling it with another part of the body."

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

Given that there are thousands of cases prosecuted each yeatr according to annual statistics report, it would be nice to hear how the cases were dealt with in the court ? What evidence was presented ? There must have been disputed cases....how did those cases play out ?

The Guards managed to trace the (alleged) offender in my case but he is giving me the finger.....I went to look at the car and noted that both mirrors plus 3 of the 4 corners of the car have umpteen scratches but maybe that's none of my business.
He was driving negligently, damaged my car and won't compensate me and that's unacceptable so he will have to be pursued. If compensated, I would probably leave it at that.

Victor

The garda could check the mobile phone records (outgoing and incoming), but that may not be conclusive as to whether they had the phone in their hand.

Regardless. Make you statement complete and truthfully. State exactly what you saw (I presume this to be the other driver to have their hand up to their head as if using a mobile phone).

Dionysius2

Victor....my thanks to you for advice., statement already given to Garda. Surprising is it not, that of the thousands prosecuted each year, not one has offered anything by way of enlightenment as to the court experience that followed. There simply must be a range of views of the whole scenario. Is there some kind of stigma to the incurring of a conviction for mob/ph usage when driving ? It is rampant anyway in my view based on my own observations.
For my own part, I have Bluetooth fitted but must admit that prior to that I was an offender albeit on a small scale.