A 32-year-old Bergen driver experienced this after being pulled over by the police in Fjøsangerveien in April this year.
The man stood in a queue at Danmarks plas where he had been standing for several minutes. He had turned off the car’s engine when he recognized a text message he had received on his mobile phone.
The man, who is 32, explained that the mobile phone was placed in a stand that was mounted in the car, but that it was not possible to open the mobile phone to read messages while it was in the stand.
Look through binoculars
So he took the mobile phone out of the stand, opened it and read the text message he had received, before putting the mobile phone down again after catching something.
He became aware of a police officer who sent him out. The driver of the car indicated to the police officer that he wanted to stop at the checkpoint, which he did.
The explanation is consistent with the police officer’s comments. He stood at a bus shelter in Fjøsangerveien and watched the driver’s actions through binoculars.
The 32-year-old received a fine of NOK 12,000. He refused to accept the fine, so the case came before the court in Bergen.
Long term stop only
Perhaps the man should have checked the case law when he refused to accept the fine.
The High Court has previously ruled that using a mobile phone, even if the car is stopped at a red light, is defined as use “while driving”.
If you are involved in traffic for a long time, for example in connection with a major traffic accident or the like, it is not natural to allow criminal responsibility to be involved, according to the highest court of the country.
Such a situation will clearly differ from a more routine traffic stop where the car is part of a live traffic picture, the Supreme Court has previously said.
Hordaland district court also agrees with that opinion. Therefore, the 32-year-old must pay the fine, even if the use of a mobile phone occurred during a short-term traffic stop due to a queue and red lights.
On top of everything, he must pay court costs of NOK 3,000.
2024-11-20 21:17:00
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