A teenager who was stopped by police at Quarry Lane, Dungannon after being seen using his phone claimed he “only answered it to say he couldn’t answer it.”
Georgi Stefanov Danchev (19) from Lisnaree, Dungannon was observed shortly before 6pm on May 14 and on examining his phone police discovered multiple Snapchat calls.
He was advised he would be reported for prosecution.
A defence barrister told Dungannon Magistrates’ Court Danchev has only recently passed his driving test which means six penalty points – the current minimum for using a phone – would see his licence revoked.
He said: “The defendant is young and industrious, working hard to pay for his car and the insurance. He only answered the call to say he couldn’t answer because he was driving.”
When District Judge Francis Rafferty enquired why he didn’t just ignore the call, the defence replied: “The phone had been in his pocket and had rung repeatedly number of times. It was when he took it out to tell the caller he couldn’t speak that police detected him.”
The judge replied: “In that case why did he not pull over? One does not pick up a call to say one cannot pick up a call. Every new driver is advised as to the risks of using a mobile phone whilst driving. The fatuous nature of his justification by saying he only answered to say he couldn’t answer is non-sensible in the extreme.”
The defence urged against penalty points and to instead impose a short disqualification as an alternative, but Judge Rafferty refused outright stating: “Nothing is going to change my mind. I’m not prepared to grant an alternative in the circumstances.”
He imposed a fine of £250 along with six Penalty Points bringing a mandatory disqualification of six months, which in turn revokes the licence as Danchev is a new driver still in the probationary period.
