Judge slams ‘epidemic’ of motorists on phones

The problem of motorists using mobile phones has reached epidemic proportions, a circuit court judge said yesterday.

Judge Seán Ó Donnabháin made his comments at Cork Circuit Appeals Court, where a woman appealed against the severity of a €250 fine for the offence.

The judge said the fine probably should be doubled rather than reduced.

“There is an epidemic of mobile phone use in cars. I cannot conceive of a more dangerous occupation than using a mobile phone when driving.

“The guards were slow enough to begin prosecuting for this offence. But they are doing so now.

“I can see that from the cases that are coming before this court by way of appeal [from district courts].

“It is a dangerous occupation and the country is blighted with it.”

The judge made the comments in the case where Deirdre Fegan, of Ardfoyle, Camden Road, Crosshaven, Co Cork, appealed the severity of a €250 fine from the district court for holding her mobile phone when driving at Crosshaven on Nov 28, 2010. The judge refused the appeal and affirmed the order of the district court.

In a second case, motorist, Fergal O’Meara, of 61 The Meadowlands, Broomfield, Midleton, Co Cork, appealed the conviction and €400 fine for holding a mobile phone when driving at South Douglas Rd, Cork, on Jan 26, 2011.

Garda Richard O’Kelly testified that he clearly saw the appellant holding the mobile phone up to his left ear while driving that day.

Garda O’Kelly said that when he turned around and approached O’Meara about the matter, the appellant said, “Now listen here, buddy, I was not on the phone”.

O’Meara testified: “I have a lump on my ear and I have a habit of fiddling with it. The guard said to me: ‘I am having a bad enough day without putting up with this shit’.”

Judge Ó Donnabháin said: “I believe he was on the phone, I believe the guard’s evidence.”

The judge then affirmed the conviction and fine.