Acquitted after allegation of using a cell phone behind the wheel

The police were conducting a check on mobile phone use in slow-moving traffic when they noticed the van, and believed the driver was using his mobile phone while driving. He was issued a fine of NOK 10,450, which he refused to accept. However, the member maintained that he had not used a mobile phone at all. 

Explained that the light came from something completely different

When the case came up in court, the member told what had actually happened. He had recently undergone surgery and was connected to a medical pump. While driving, the pump lost contact with the skin and began flashing red and orange lights. To get it to work again, he had to press the pump several times and adjust the attachment to his body. This happened while he was driving the car and was observed by the police. He also said that the car had a lot of light from screens and electronics in the passenger compartment. 

The police were certain, but the court had doubts

The police witness explained that he was certain that what he saw was a mobile phone. However, the court held that the member's explanation could not be ruled out. 

The medical pump was on the left side of the body, approximately where the police witness believed the light was coming from. The member had also sent pictures of the pump, and how it was attached to the body shortly after the incident. 

The court also emphasized that the check was carried out in the dark, and that the police officer observed the car from a distance through the passenger window. 

– The court concluded that there was reasonable doubt whether the member had actually used a mobile phone. In that case, the case should be acquitted, says YTF's lawyer Siri Dannevig. Photo: Nicklas K. Sørbel

Sent documentation to the police

After the inspection, the member took the initiative to explain what had happened. On several occasions, he sent emails to the police and attached documentation of the medical pump. This became part of the evidence that the court later considered. 

The court noted, among other things, that the explanation about the pump was consistent with the police witness's description of where the light was coming from. 

– The case shows how important it is that all information comes to light. Here there was an alternative explanation that the court felt it was not possible to ignore, says Dannevig. 

Self-employed as a professional driver

It was also emphasized that the member works as a bus driver, and is therefore well acquainted with the regulations regarding the use of a mobile phone behind the wheel. The court held overall that it had not been proven beyond reasonable doubt that the member had done what the order described. 

He was thus acquitted. The fine was dropped, and the member was not ordered to pay legal costs. 

When in doubt, it is important to have the matter tested.

Most people who receive a fine choose to accept it because an actual mistake has been made. This case shows that it can be right to have the case considered more closely when one believes the basis is wrong. 

– Just because the police believe they saw something doesn't necessarily mean the case is settled. In court, it's the evidence that counts. If there is doubt about what actually happened, the doubt should benefit the defendant, says Dannevig. 

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No one knows when they might need help, so it's good to have YTF on your side.