Someone took a photo of me on the phone while driving

129000000

Hi everyone, I was driving down the m50 today and someone took a photo of me on the phone, I NEVER answer the phone while I'm driving but it was a family emergency it had to be done, and some fella in a tow truck pulls up along side and takes a snap, would anybody know what he can do with it

Atlantic Dawn

He will share it on Facebook and you will become a celeb of sorts.

129000000

Atlantic Dawn wrote: »

He will share it on Facebook and you will become a celeb of sorts.

Haha no need sure I'm popular enough haha, but being serious you wouldn't know if he could pass it onto the gaurds

endacl

I pull off the motorway and stop for family emergencies...

129000000

129000000 wrote: »

Haha no need sure I'm popular enough haha, but being serious you wouldn't know if he could pass it onto the gaurds

He could, but I guess they'd be interested given he would have just confessed to driving and holding his mobile phone.

129000000

Dónal wrote: »

He could, but I guess they'd be interested given he would have just confessed to driving and holding his mobile phone.

It was the passenger, that took it

Satriale

Are you absolutely positive it was a mobile phone you had up to your ear?

I wouldn't worry about it...

Wesser

I'm So sick of seeing people nattering away on their phone while driving. Sitting at the lights today watching traffic on the other side of the road slowly filter by and I counted 8 people in about 2 mins with the window open and nattering away to their hearts content.

129000000

endacl wrote: »

I pull off the motorway and stop for family emergencies...

Not when you need to get to a hospital!! Nothing useful to say don't say anything.

sbs2010

It's ok to use your phone while driving if it's an emergency and especially if you NEVER normally do it.

stimpson

129000000 wrote: »

It was the passenger, that took it

You should have told them to get out of your car and walk.

gctest50

129000000 wrote: »

Not when you need to get to a hospital!! Nothing useful to say don't say anything.

And what were you going to do ? turn around ?

malcy

The law is you can use it to ring emergency services or 'other emergencies'. I would love to know what that constitutes and how easy you could use it as an excuse if you get caught.

129000000

stimpson wrote: »

You should have told them to get out of your car and walk.

It was a passenger in a tow truck that took the picture of me on the phone

129000000

malcy wrote: »

The law is you can use it to ring emergency services or 'other emergencies'. I would love to know what that constitutes and how easy you could use it as an excuse if you get caught.

Thanks for that, at least I wont have to worry about getting a date for court in the post, for some really sad individual that has nothing better to do than p*ss people off

129000000

gctest50 wrote: »

And what were you going to do ? turn around ?

I don't get you?

Deub

129000000 wrote: »

Thanks for that, at least I wont have to worry about getting a date for court in the post, for some really sad individual that has nothing better to do than p*ss people off

Not being smart but it is maybe not to p*ss people off but to remind you that you shouldn't be on the phone while driving.
An emergency call is not an excuse. If you had caused an accident and someone was injured or worse, killed, would you have explained to the family that you had an emergency call?

sbs2010

129000000 wrote: »

Thanks for that, at least I wont have to worry about getting a date for court in the post, for some really sad individual that has nothing better to do than p*ss people off

All sarcasm aside unless the picture showed you, the phone and your licence plate all at the same time then I can't see how it could be used for a case against you.

But I also think the advice above that it's ok (legal) to do in an emergency is a load of crap.

It's not safe to use a phone while driving ever. The ambulance would take you and all the other victims to the hospital nice and quick after the pile-up you caused.

btkm8unsl0w5r4

For god sake get a 20 euro bluetooth hand free kit and stop posting on the internet admissions of illegal activities. I can see you drive for a living so maybe play this one smart.

malcy

sbs2010 wrote: »

But I also think the advice above that it's ok (legal) to do in an emergency is a load of crap.

I got it from here http://www.rsa.ie/Documents/Campaigns/Mobile%20Phone/RSA_Mobile_DL.pdf

I think whatever the emergency is you should pull over ASAP. I was surprised that this was the law.

HeidiHeidi

Just after reading this thread, this appeared on my FB feed

http://www.independent.ie/life/motoring/car-news/the-awful-predictability-of-deaths-on-roads-can-be-avoided-35045656.html

This is the second thread where posters justified answering the phone on a motorway because it was an "emergency".

NOTHING is that urgent. Nothing.

(and yes, get yourself a bluetooth device - how hard would that be?)

sbs2010

malcy wrote: »

I got it from here http://www.rsa.ie/Documents/Campaigns/Mobile%20Phone/RSA_Mobile_DL.pdf

I think whatever the emergency is you should pull over ASAP. I was surprised that this was the law.

Apologies. But the advice in advice in that leaflet is very contradictory. I must look up the actual legislation sometime.

Atlantic Dawn

What would have made a difference if you took the call on the motorway or not, it wasn't as if they were asking to turn off a life support machine or was it?

delly

Like everyone else, I wouldn't think highly of mobile phone users, but jesus, give the op a break. He has already said it was a one off in an emergency situation, you've know idea of the details.

For what it's worth, I wouldn't expect anything to come from it op, get a cheap Bluetooth kit for future use.

stimpson

sbs2010 wrote: »

Apologies. But the advice in advice in that leaflet is very contradictory. I must look up the actual legislation sometime.

Here is the relevant bit

It is a defence for a person charged with an offence under subsection (3), in relation to holding a mobile phone while driving a mechanically propelled vehicle, or under subsection (6), in relation to the use of a mobile phone or an in-vehicle communication device, to show that he or she was—

(a) using it to call the Garda Síochána, an ambulance, fire or other emergency service on numbers prescribed for such service, or

(b) involved in or acting in response to a genuine emergency.

So it comes down to whether it was an actual emergency or not.

What was it OP?

percy212

Is it legal to take a photo of someone in their car? I have no idea but it sounds like a distracting and dangerous thing to do to someone while driving....

It also sounds like someone being a dick. Ignore. Buy a bluetooth device asap.

HanaleiJ5N

You're probably on the persons Facebook page with an accompanying comment criticising you. And over the next day or two that persons friends will join in and comment/ like, maybe a few shares. After another day that will be that. It will disappear from peoples timelines.

It's hardly going to go viral. And they probably won't go to the bother of reporting you. But if they do, and they took a picture of your reg, and the Garda they report it to is bothered, then it won't take too long for your phone records to incriminate you and you might get a letter in the mail. A lot of if's there, not too likely so I wouldn't worry.

Or, maybe, they just wanted to get in your head and make you worry as you were caught rotten doing something you shouldn't have been doing. If it was a Garda that drove along side you and ordered you to pull over they would just have rolled their eyes at the "family emergency" line. With a multitude of hands free options available or by just simply tapping the phone twice (answer, loudspeaker) there really is no excuse to hold a phone to make/take a phone call while driving.

lemmno

Yes it wasn't right to use your phone. But seriously, the person who took the photo sounds like a right busybody. And I think they probably have broken some sort of law by taking a photo of someone without their consent.

PS buy a hands free kit

bucketybuck

I bet the OP was in the middle lane as well. And would probably convince themselves that was fine as well.

Hopefully the tow truck was able to get all the car details and pass them onto the authorities.

moc moc a moc

Maybe the person taking the photo had a family member injured or killed by a distracted driver in the past.

Any phone made in the last 10 years or so has a speaker function built in. You should either use that, or get a cheap hands free kit for the future. There really are no excuses for this kind of nonsense these days.

Jan Laco

129000000 wrote: »

Not when you need to get to a hospital!! Nothing useful to say don't say anything.

the dangers of driving using a mobile phone while driving doesn't diminish just because of the circumstances. In fact you have the distraction of the phone plus the stress distracting you.

twowheelsonly

lemmno wrote: »

Yes it wasn't right to use your phone. But seriously, the person who took the photo sounds like a right busybody. And I think they probably have broken some sort of law by taking a photo of someone without their consent.

PS buy a hands free kit

No, they haven't. It's perfectly legal to take photos of anyone or anything in a public place.

I don't buy the 'family emergency' bit either. If it was me and it was a genuine family emergency no tow truck would be able to keep up with me on a motorway. How did the OP know that it was an emergency before he answered the phone ??

nhunter100

129000000 wrote:

Hi everyone, I was driving down the m50 today and someone took a photo of me on the phone, I NEVER answer the phone while I'm driving but it was a family emergency it had to be done, and some fella in a tow truck pulls up along side and takes a snap, would anybody know what he can do with it

How did you know it was an emergency before you answered it? You clairvoyant?

debabyjesus

Seen a young one last week in the overtaking lane of the M3 around dunshaughlin doing about 100kph chatting away on the phone oblivious to the stream of traffic undertaking her in the driving lane. Couple of cars behind her who obviously refused to undertake. Few people beeping as they passed her on the left.

The missus reckoned she was probably giving out to whoever she was on the phone to about how people were speeding past her and she in the fast lane as it was!

I just laugh at this stuff now, you'd damage your health if you got thick about every little thing on the roads.

129000000

To be honest I don't really care I could justify answering my phone if I had to, to a judge if it comes to that and if that means getting points and a fine so be it, it was a one time thing I've never had any penalty points in six years driving or any driving offences, so if your man that took my picture wants to hand it to the coppers I couldn't care less, I also don't regret taking the phone call as it was a emergency to do with my son, he's worth more than a license. Thanks for all the feedback anyway il see what happens.

Pro Hoc Vice

sbs2010 wrote: »

All sarcasm aside unless the picture showed you, the phone and your licence plate all at the same time then I can't see how it could be used for a case against you.

But I also think the advice above that it's ok (legal) to do in an emergency is a load of crap.

It's not safe to use a phone while driving ever. The ambulance would take you and all the other victims to the hospital nice and quick after the pile-up you caused.

To correct you on your two incorrect statements as long as the person who took the photo can give the evidence that he did so and what the registration number of the car was the that evidence can be given to AGS and the court. In fact the person does not if he wants to have to go to AGS as he is fully within his rights to bring a private prosecution.

Secondly it is a defence to a charge to show the following

"(7) It is a defence for a person charged with an offence under subsection (3), in relation to holding a mobile phone while driving a mechanically propelled vehicle, or under subsection (6), in relation to the use of a mobile phone or an in-vehicle communication device, to show that he or she was—

(a) using it to call the Garda Síochána, an ambulance, fire or other emergency service on numbers prescribed for such service, or

(b) involved in or acting in response to a genuine emergency."

http://www.irishstatutebook.ie/eli/2006/act/23/section/3/enacted/en/html

testaccount123

nhunter100 wrote: »

How did you know it was an emergency before you answered it? You clairvoyant?

33 posts until someone asks the obvious

btkm8unsl0w5r4

There are loads of reasons he could have known, he was rushing to the hospital and it was an update, he got a text, he was waiting on a call and it came at the wrong time. Who cares.

Lets stop trying to be smart and start being smart. OP unless you want to sit here having high horse manure rained down on you and constant wrist slapping, have this thread deleted.

allthedoyles

As we know from reading threads on boards, there will be no point in it been reported to guards unless he goes in and makes statement to back up the photo.

Nekarsulm

percy212 wrote: »

Is it legal to take a photo of someone in their car? I have no idea but it sounds like a distracting and dangerous thing to do to someone while driving....

It also sounds like someone being a dick. Ignore. Buy a bluetooth device asap.

Perfectly legal to photograph anyone whilst they are in a public place.
You have no right to privacy while in public.
?
You don't tell us what kind of car you drive. Is it unusual, classic, just old? etc.?
For example there are several threads in the motors section "oldest car I saw today" "today I saw a classic and took a pic" and so on.

kravmaga

129000000 wrote: »

Hi everyone, I was driving down the m50 today and someone took a photo of me on the phone, I NEVER answer the phone while I'm driving but it was a family emergency it had to be done, and some fella in a tow truck pulls up along side and takes a snap, would anybody know what he can do with it

Well he can make a complaint to the GARDA, family emergency is no defence, you should have pulled over and took the call. You are not allowed to use mobile whilst driving, it's an offence under the Road Traffic Act 2006 and 3 points on your licence.

If I saw you on the mobile I would do the same and take your reg number, shame on you OP.

Holding a mobile phone while driving a mechanically propelled vehicle, see change in legislation in 2014.

http://www.mhc.ie/latest/insights/new-regulations-on-mobile-phone-use-while-driving-effective-1-may-2014

Nekarsulm

OP, time enough to worry about it IF something comes in the post.
It's highly highly unlikely.
Gardai rarely listen to self appointed law enforcers.
Feck sake, if you rang to report that you yourself were a victim of crime, could be a couple of days before they wander out to see the damage.

Alanstrainor

Why this is in the DIY section I just don't know....

But I'm going to close it anyway.