A driver who got a one-year ban for using his phone in a parked car in an attempt to record a garda has had his disqualification lifted on appeal.
The District Court Appeals Court heard that Daniel Mofiyinfoluwa Kotun-Akinbode (24) was not using his phone while driving when he was initially pulled over, but he later took it out when he was parked with the engine running in order to record the conversation with the garda.
Kotun-Akinbode, with an address at Hastings Close, Balbriggan, Co Dublin was convicted in his absence in the District Court for holding a phone while driving contrary to section 3(1) of the Road Traffic Act 2006. He received a disqualification from driving for one year and a fine of €300.
Garda Cian O’Connor told the District Court Appeals Court today that he observed a Volkswagen Golf car driving along the road in Balbriggan on April 13, 2024 when he pulled the driver over for an unrelated matter.
He said that Kotun-Akinbode was not using the phone on the road, but he took it out at the side of the road in order to record what the Garda was saying.
Garda O’Connor said that the engine was still running during the interaction and he informed Kotun-Akinbode twice that it was an offence to use his phone even if the car was not in motion.
Kotun-Akinbode was issued with a fixed charge penalty notice on the spot. He apologised to the garda for the incident but was late to court and was convicted in his absence at Balbriggan District Court.
Defence counsel for Kotun-Akinbode, Richard Brady BL, said that his client is not somebody who “flouts the rule” and had apologised to the garda at the scene.
Mr Brady said he accepted that the vehicle does not need to be in motion in order for the law to be breached and was appealing the case on severity of sentence alone.
Counsel said that the “spirit” of the law was not breached in this case and the sentencing was “very, very disproportionate”.
Judge Fiona O’Sullivan decided to affirm the ruling of the District Court, which included a €300 fine, but said she would lift the one year disqualification from driving in this case.