Courts / Dublin / Report
Driver who took out phone in parked car to record garda gets ban lifted on appeal
Summary
Daniel Mofiyinfoluwa Kotun-Akinbode, a 24-year-old from Balbriggan, Co Dublin, appeared before the District Court Appeals Court to challenge a one-year driving disqualification. He had been convicted in his absence at Balbriggan District Court for holding a phone while driving, contrary to section 3(1) of the Road Traffic Act 2006, and was sentenced to a one-year ban and a €300 fine. The appeal arose after Kotun-Akinbode was stopped by Garda Cian O'Connor in Balbriggan on April 13, 2024, for an unrelated matter. While the vehicle was parked with the engine running, the appellant allegedly took out his phone to record the interaction. Garda O'Connor stated he informed the driver twice that using a phone was an offence even if the car was not in motion. Defence counsel Richard Brady BL accepted that the vehicle did not need to be in motion for the law to be breached but appealed on the severity of the sentence alone, arguing the punishment was disproportionate. Judge Fiona O'Sullivan affirmed the District Court's conviction and the €300 fine but lifted the one-year disqualification from driving.
Who, what, where, when and why
What: Report matter: Driver who took out phone in parked car to record garda gets ban lifted on appeal. Procedural stage: appeal. Findings: Convicted
When:
- April 13, 2024 Hearing Or Sentence
- 2025-04-09 Publication
Why: The District Court Appeals Court heard that Daniel Mofiyinfoluwa Kotun-Akinbode (24) was not using his phone while driving when he was initially pulled over, but he later took it out when he was parked with the engine running in order to record the conversation with the garda. Court evidence reported by CNI
Case subjects
Appellant
Finding: Convicted
Outcome: Convicted; Mr Brady said he accepted that the vehicle does not need to be in motion in order for the law to be breached and was appealing the case on severity of sentence alone.
Places mentioned
- The District Court
- District Court Appeals Court
- Balbriggan
- Balbriggan District Court
Topics
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