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Holding A Mobile Phone

This offence often causes confusion among some drivers who have been summoned to court. It is not a requirement that you are using or “on” the phone when stopped by the Garda. If you are merely holding a mobile phone the offence is made out. 

These offences usually come down to visual identification i.e. where the Garda gives evidence that they saw the motorist holding a mobile phone at the particular time. This evidence is always capable of being contested, depending on such factors as the time of day, whether it was bright or dark, the distance between the Garda and you and the “opportunity to observe” dynamic i.e. the length of time (often mere seconds) the Garda had to observe the offence (see “Identification Evidence” below).