L’uomo che ha tirato fuori il telefono in auto parcheggiata per registrare Garda ottiene un anno di guida di guida annullato in appello.
https://www.independent.ie/irish-news/courts/man-who-took-out-phone-in-parked-car-to-record-garda-gets-one-year-driving-ban-quashed-on-appeal/a37807789.html#:~:text=The%20District%20Court%20Appeals%20Court,the%20conversation%20with%20the%20garda.
di Larrydog
7 commenti
The law (Section 3.1 of the Road Traffic Act 2006) under which he was originally convicted:
>A person shall not while driving a mechanically propelled vehicle in a public place hold a mobile phone.
It boils down to what constitutes driving really but it’s hard to see how being in a stationary vehicle counts as driving.
There’s a car park locally where you tap your phone at the barrier to pay. You obviously aren’t driving since there’s a barrier in the way but if the conviction had been upheld, everyone who uses that car park would be in violation unless they switched off their ignition which hardly makes sense.
That’s fair, it seems unreasonable to punish someone if the car is parked – even sticking with the €300 fine is harsh.
I don’t at all like the implication here that the Guards felt they could punish someone with an obviously foreign name for having the temerity to record them.
I had a friend who got done for drunk driving while being in his stationary car. He had just bought the car and left a party to show it off.
This is strange, as all along theyve been advising people who are getting a phone call to pull over before answering the phone.
So trying to prosecute this person would have been a direct contradiction to that advise as they were also pulled over while using a phone.
A heavy hand Garda, I’m shocked /s
Name the judge please