Unfair ticket for "using" a mobile in a car. Advice please!

jagblad

touching your pocket without a guard seeing you handle a phone now that beggers belief

In theory they could - in practice no. But you hold your phone in any way, you're breaking the law - whether a garda sees it or not, say you move it from your back pocket and throw it in the passenger seat, that's against the law. And what's holding it, you squeezing your pocket to see it's there? Flipping the mute button on while it's in your shirt pocket?

Say you're speeding 90kph down a country road, no one sees you, you've clearly broken the law just no one knows.
You hold your mobile in anyway, you've broken the law. Just usually no one will ever know.

The law simply says you can't "hold" your phone.

Scratching your ear?

Ok, hold your hand up to your head, fingers curled into your palm, idly scratch your earlobe with your thumb. Walk to a mirror. Would that look like using a phone, especially if you were driving past a stationary garda car at 100kph.

Now that was a few years ago when mobiles were tiny now they're much bigger so they're probably a bit more likely to try to make sure there's at least a bit of plastic or metal in view.

monkey tree

In reply to the op and I would like to point out that I have not read all the responses in this thread, neither do I proclaim to have ANY legal knowledge but would like to offer my two cents worth all the same!

There was recently a case heard in the Co.Kerry court system similar to this, where a guy was stopped in traffic and also on his mobile phone when approached by a Guard. The case went to court and the guys defence was that the car was fully STOPPED in traffic. The Judge ruled in favour of this logic and so the case was dismissed.

Now in Irish Law doesn't precedent case law hold up and therefore if the op decides to allow this case to go to court the County Kerry case can be cited.

bath handle

monkey tree wrote: »

Now in Irish Law doesn't precedent case law hold up and therefore if the op decides to allow this case to go to court the County Kerry case can be cited.

District court decisions have no precedent value. They are not reported for one thing and courts can't bind courts of co-ordinate jurisdiction.

monkey tree

Oh I see... thanks for that bath handle.

McCrack

Finnbar01 wrote: »

Are you for real? How are parents going to drop kids off school say, Or pick them up from football practise?

If we followed your suggestion to its logical conclusion, we would have to ban radios, GPS and people even scratching themselves whilst in charge of a vechile.

O god let me think, actually maybe try what I was made do as a child...Walk. I turned out alright.

OP I have some sympathy for the manner you got stung and way it was dealt but the copper was acting within his power and that's that.

It just one of those bitter pills we all have to shallow from time to time.

Finnbar01

McCrack wrote: »

O god let me think, actually maybe try what I was made do as a child...Walk. I turned out alright.

OP I have some sympathy for the manner you got stung and way it was dealt but the copper was acting within his power and that's that.

It just one of those bitter pills we all have to shallow from time to time.

Yes, I agree walk.. walking is good for you and your children.

What do would you suggest though, if their school or football club are miles away, or if they are too young or the weather is atrocious? Suggestings please.

Also why stop at children? Passengers can be a distraction, so can tall leggy blondes, why not ban them too aye?