A man who was caught driving with his phone in one hand and a cast on the other has been acquitted of dangerous driving and convicted of careless.
The district judge commented that the 24-year-old told police that he could “use two fingers”.
However, the defendant’s barrister stated: “I am in no doubt that he did not mean any double entendre in that comment.”
Krystian Felinczak, of Ashlea Bend in Markethill, appeared charged with dangerous driving and using a mobile phone whilst driving at Armagh Magistrates’, sitting at Newry.
Defence barrister Seamus Lannon made it known that the mobile phone charge was accepted but the other was to be contested.
Prosecution outlined that the defendant had been observed by police on July 6, of last year, at Callannbidge Park, Armagh, driving whilst using a mobile phone.
When stopped by police, it was noted that Felinczak had a plaster cast on his other arm.
A photo had been taken of this cast but it was submitted that there was nothing to suggest that the defendant was driving erratically.
Mr Lannon commented that a medical report had been sought but “due to the difficult position we find ourselves in, with Covid, one has not been able to be sourced”.
He stated: “This occurred on July 6, of 2019. He was given three points in May 2017, three points in June 2018 and three points in March 2019, so three points would put him over the crossbar, so to speak.
“I would be asking your worship, does it amount to careless? It is not the most serious case of its nature. Many, myself included, will have even driven tractors with an injury.”
District Judge Eamonn King commented that Felinczak told police that he could “use two fingers”.
Mr Lannon stated: “He is a foreign national. I am in no doubt that he did not mean any double entendre in that comment.
District Judge King acquitted the defendant of dangerous driving but convicted him of driving without due care or attentions and the charge of using a mobile phone whilst driving.
Felinczak was disqualified for six weeks and was ordered to pay a fine of £200, along with the offender’s levy of £15.
