Motorist became irate when Cork garda caught him using handheld device while driving, court told

The court heard the garda had requested the defendant’s licence which he refused to hand over

A garda told the court they saw the driver of a dark coloured BMW with a handheld device in his hand. File picture

A motorist who was caught using a handheld device while driving on Halloween night became “irate and argumentative” when he was pulled over, the district court has heard.

Court presenter Sergeant Tom Mulcahy told Clonakilty District Court that 52-year-old Brendan O’Sullivan with an address at Castletown, Ballyagran, Kilmallock, Co. Limerick, was charged with failing to permit a member of An Garda Síochána to read a driving licence, failing to provide information and threatening and abusive behaviour in relation to the incident.

Giving evidence, Garda Karen O’Flynn said she was driving a patrol car in Clonakilty on October 31, 2024, at 7.55pm. As she was driving up McCurtain Hill she observed the driver of a dark coloured BMW with a handheld device in his hand. Gda O’Flynn said it was dark at the time and the bright light of the device could clearly be seen in the driver’s hand.

Gda O’Flynn signalled the BMW to stop and it did so a short distance further on at Assumption Place. When Gda O’Flynn informed the driver — identified as Brendan O’Sullivan — he was observed holding a device he immediately became “irate and argumentative”. Gda O’Flynn said O’Sullivan accused her of harassing him even though she had never met him before.

Gda O’Flynn requested O’Sullivan’s licence which he refused to hand over. He was informed it was an offence not to show her his licence but he refused to do so again. 

O’Sullivan was then asked to provide his name and address but refused to do so. Gda O’Flynn said she went to the back of the car to check the registration and allow O’Sullivan “a moment” to compose himself.

Gda O’Flynn went back to the front of the car and asked O’Sullivan for his details again which he again refused and the car also “noticeably” rolled towards her. 

O’Sullivan told Gda O’Flynn that he had been working since 6.30am and was nearly home and “wanted to drive off”. Two women with children out trick-or-treating then arrived at the scene and asked if they could access their car that was being blocked by O’Sullivan stopped in the road. 

Gda O’Flynn said O’Sullivan and one of the women exchanged words and she had to stand in front of his car when it was moved slightly to prevent him driving away.

The women drove away safely and Gda O’Flynn called two male colleagues from the nearby garda station for support. O’Sullivan was asked again for his licence and he held it up to the window. 

Gda O’Flynn told him she could not read it and asked him to hand it over but he refused. She said that eventually she was able to get some details from the licence through the window which identified O’Sullivan.

O’Sullivan refused to confirm his address or nominate a garda station to provide his insurance details and was issued with a fixed charge penalty notice for holding the device. O’Sullivan paid the notice 108 days later and also produced his insurance details and driver’s licence.

Defence solicitor Conrad Murphy said O’Sullivan had apologised to Garda O’Flynn when he arrived at court and was pleading guilty to the charges. 

He said that he apologised for his behaviour in the night, works hard in construction and had suffered three bereavements of people close to him in the months prior to the incident. 

The court was told that O’Sullivan had no previous convictions and no history of offending and had come to court to “meet the charges”. 

Judge Joanne Carroll said it was a legitimate stop and Gda O’Flynn was confronted with animosity, gross disrespect and was threatened for just doing her job. 

She said that by paying the fine O’Sullivan had already admitted that he was holding the device. She said O’Sullivan chose to be hostile, intimidating and threatening.

O’Sullivan was convicted of failing to provide information, fined €250 and given four months to pay the fine. He received the same penalty for threatening and abusive behaviour and the third charge was struck out.

Funded by the Courts Reporting Scheme.