Kildare motorist said 'mobile phone' he was holding was actually a coffee cup
The cup holder in the vehicle was full
A man who was prosecuted for holding a mobile phone told Naas District Court he was not holding a phone - but a cup of coffee.
John Byrne, 53, whose address was given as 104 Village Green, Royal Meadows, Kilcock, was prosecuted for holding a phone while driving on the M4 at Moneycooley, Kilcock, on March 8, 2024.
The garda told the court that he wasn’t driving at the time and could see the defendant. He said if he had any doubt that the defendant was holding a phone he “would not be here today.”
He said he issued a fixed notice penalty which went unpaid.
The defendant insisted he had a cup of coffee in his hand and his phone was on the seat.
He added there were notifications on the phone that had not been opened and he asked the garda to look at the phone but he did not.
He said he had bought a coffee in Maynooth and he was holding it because the place where the coffee cup normally goes was full.
Judge Michael Ramsey struck out the case.