Kildare motorist claimed that mobile phone in his hand while driving was actually a vape

A man told Naas District Court that a mobile phone which a garda said he had in his hand was actually a vape.

Shane Patrick Dunne, 43, whose address was given as Aughamore, Clane, was before the court on an allegation of holding a mobile phone while driving at Sallins Road, Abbeyland, Clane.

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Garda David Farragher told the court that the incident happened at 11.26am and the defendant had a mobile phone in his right hand. 

The man said he was holding a vape when the garda  stopped him. He said the vape had an orange colour.

Cross examined by solicitor David Powderly, the garda said he was travelling in the opposite direction and they passed on a bend but he had a clear view.

He said he saw the driver for a couple of seconds and “it was long enough.”

The defendant said he was driving towards the Liffey bridge and his phone was in a quad lock holder in the vehicle and “it never comes off that.”

He added he was surprised when the garda pulled up and added “I had a vape in my hand.” He also said he did not have the vape up to his face.

Judge Desmond Zaidan said he was satisfied that the prosecution’s view of the case had been established beyond reasonable doubt and he fined the driver €250.