Driving & Mobile Phones

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Guest106

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Just wondering how the Guards go about checking for people using mobile phones when driving. I mean do they check your phone to see if it was in use or need they only see the phone held at your ear ? How do they actually prove you were using the phone while driving ?
Personally, I use the hands free earphone attachment and it's just a Godsend.
 
The offence is holding a mobile phone and does not require the driver to be making or receiving a call but merely holding the phone. Hold in relation to a mobile phone, means holding the phone by hand or supporting it or cradling it with another part of the body.
 
Tks DeMoivre, that fairly explicit alright. Just one further question.....does that apply even if the phone was switched or disabled, ie incapable of use ?
 
“mobile phone” means a portable communication device, other than a two-way radio, with which a person is capable of making or receiving a call or performing an interactive communication function,

"Incapable of use" would appear to provide a defence
 
1John said:
Tks DeMoivre, that fairly explicit alright. Just one further question.....does that apply even if the phone was switched or disabled, ie incapable of use ?
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If the phone was turned off or disabled why would anyone have it up to their ear?
 

'Merely holding the phone' is what DeMoivre has said which causes me to think that there must be many interesting situations where the driver had the phone in hand but wasn't actually using it to make a call.
It's not a perfect world and there's a lot of variables in daily life that have great potential to attract trouble.
For Example - when in motion, if I pick up the phone to put in my pocket so I won't forget it (and heaven help me if I dare to actually look at the dial to see if it's switched on) technically I am committing an offence if detected. I think there would be many tough calls on the part of judges when giving decisions in some of these cases.
I am fully supportive of compliance with the law and just wondering how it's rolling out in terms of implementation.
 
They'll apply the law inconsistently and at random.

The idea is to leave the phone in your pocket/bag. You should have no reason to look or touch it.
 
Just wondering then - my sister has an awful habit of putting her phone on loudspeaker between the front of her shoulder and the seat belt..... would this still be classified as an offense??? she did previously get caught on the phone ------- its baffles me there are so many hands free kits etc and they don't cost a fortune... if you can afford a car surely you can afford a blue tooth headset or similar????
 

I'd imagine that would be an offense ok. I've seen people driving whilst talking into a mobile on loudspeaker held at armslength in front of them. Comical tbh.
 

Yes its an offence.

Have you asked her?

I'll admit in the past that when sitting in traffic I've used the speakerphone mode on my phone, and put it beside the handbrake. TBH I'm not on the phone enough to make it worth while. So I just don't use it, or pull in if I have to.
 

I answer the phone whenever it rings while I'm driving. I don't have a handsfree kit or bluetooth but I am still fully compliant with the mobile phone law !
 
RS2K said:
How do you manage that?
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With ease ..... Phone stands neatly leaning away from me in one of several compartments ( for change, drinks etc ) in my motor . Phone rings, I press the answer button and then press speaker and away I go ....no need for me to hold the phone in any way or cradle it with my knees or shoulder etc. which would be breaking the law. Bizarrely I could probably text on the phone, because it sits so snuggly in the compartment and wouldn't move around when I hit the buttons, while driving and still be compliant with the mobile phone law! Might not be compliant with the careless driving law though and in any case for safety reasons I never text or make a call while driving !
 
Help....I thought Demoivre had clarified things nicely but now I'm just totally confused with some of the responses which followed:

1 > If I'm pressing the phone buttons etc how could that be regarded as not using a mobile phone whilst driving ? (See Demoivre's 03.56pm post today)
2 > If I'm holding a mobile phone that's incapable of use (e.g. it's broken or the battery is flat, or there's no SIM card for whatever reason) could I be convicted of using the phone which could not possibly operate as a phone ?
3 > Even the explanation about pulling in to answer the phone lacks credibility because of the time factor. It's hardly likely that one would be in a position to pull in on the instant of a call. More likely that one would answer and request caller's indulgence while a pull-in spot was found. etc....all of which in the real world means you were using the phone....and that's the offence.
4 > If the Guard merely saw the phone in hand, was that sufficient to create the offence ?
5 > Has anyone had any experience on the sharp end before the courts or even been present when such a case was processed.....what evidence precisely was presented ? In giving such evidence, did the Guard say " I saw the phone in his hand...to his ear.....saw him talking.....or how precisely in open court is the judge convinced of the commission of that particular offence ?

I know it's 2 pen/points on first offence detection and payment of the fixed rate of E60 followed by 4 pen/points plus up to E2000 fine if the facts the Garda facts are contested.
So to the question:..... what are the Garde facts that MUST be present before one can be properly convicted in a court of law ?

Has anybody got any idea of the statistics on this ? I don't recall seeing any such since this legislation was introduced.
 
What's your angle on this OP? Seems you have some sort of agenda.

If a case goes to court and a Garda says "I saw accused with phone to his ear" I would have imagined there's a good chance of a conviction. No case is ever 100% certain to guarantee a conviction however.

I ask again why would anyone have a non functioning phone to their ear?

Texting whilst driving is an offence. Carkit or otherwise.

You are allowed to make and take handsfree calls whilst driving. You are not however allowed to dial numbers manually. Many car kits allow for voice dialling and call answering.
 
1John said:
Help....I thought Demoivre had clarified things nicely but now I'm just totally confused with some of the responses which followed:.
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You're making something thats very simple complicated. Why I have no idea.

1John said:
1 > If I'm pressing the phone buttons etc how could that be regarded as not using a mobile phone whilst driving ? (See Demoivre's 03.56pm post today):.
Click to expand...

The law says holding. End of.

1John said:
2 > If I'm holding a mobile phone that's incapable of use (e.g. it's broken or the battery is flat, or there's no SIM card for whatever reason) could I be convicted of using the phone which could not possibly operate as a phone ?
Click to expand...

The law says holding. End of.


Its just common sense to know that you don't have to answer every call immediately, you can pull over, stop. Then ring back the person who rang.

1John said:
4 > If the Guard merely saw the phone in hand, was that sufficient to create the offence ?
Click to expand...

Yes. The law says holding. End of.


No idea.

Personally I think all Garda cars should have camera and a charge of dangerous driving should be obvious then. None of this nonesense of holding a phone. The law is intended to stop people driving like a muppet on the phone.
 
Well, maybe to clarify things a bit...

My friend is a Garda and she says that they don't need any evidence other than her own sight of the offence. In other words, they don't need to double back and catch you before you put the phone down. Or they don't need to check it to see when the last call was. They just need to see you once and that's enough for them to pull you over and convict you.

On a side note, what about smoking while driving? As far as I'm concerned far more dangerous, as you're not likely to drop a burning cigarette quickly if you suddenly find yourself in danger. Whereas a phone you can safely drop to your lap, or the floor, if required.

Why allow smoking while driving?
 
To my mind it doesn't matter what you are doing once you can drive properly. However its obvious that some people can't, so they should be simply charged with dangerous driving because of their driving. Not because they took a call sitting in traffic queue.
 

I agree, as you need both hands and full concentration to drive properly.

The same logic applies to map/newspaper reading, application of makeup, shaving, and eating btw.
 
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