Rude Excuses From Drivers When Using Their Cell Phones | Law

My cell phone is actually a hairbrush, a razor, a rest for the chin – these are all excuses with little persuasive power in German courts. Rarely are drivers able to avoid the fine through fanciful mobile comments.

Drivers’ excuses for making a forbidden phone call while driving are often just as rude as creativity. From the mobile phone as a brush to the cell phone of the shaver to Heat build-up against ear pain For those caught talking on the phone, there is no seemingly ridiculous excuse for an impending fine. Avoid points in Flensburg.

Excuses that make Munchausen and Pinocchio green envy

The excuse of a bus driver who collided with police surveillance of a bus he was driving, which was specially set up to control cell phone violations, is particularly stark. The inspection officer sequenced photos to obtain evidence. It can be seen that the bus driver was A. He holds a white object on his right ear with his right hand. The bus driver refused to accept the fine imposed on him and claimed in court that the white piece was in fact a hairbrush he was using. Beard combing Owns.

The beard brush argument wasn’t convincing

Not without combing beard or hair Sliding hand movement The judge in charge of the OWi hearing reminded the arm to guide the brush. The Show sequence of images the White The object is always in the same place, that is, on the ear bus driver. Additionally, after the judge’s evaluation, the photos showed that there was no driver’s hand at the wheel. This may be a reason to subject driver fitness to driving a basic test. The ruling was a fine of € 180 (AG Frankfurt, Judgment 16.6.2020, 971 OWi 363 Js 72112/19).

Excuse: loose connection in the lower jaw, cell phone as jaw support

Even the investigating judge in Saundershausen, Thuringia, was not convinced of the argument of the driver who had been arrested in a phone call. He claimed his lower jaw had poor communication. When driving, it is extremely annoying for the lower jaw to swing back and forth with every bump in the ground. That’s why he got it Cell phone is used as a jaw support for road safetyTo reduce the amount of lower jaw wobble. To the judge, the confession seemed too absurd to follow and the driver was sentenced to pay a fine (judgment of AG Sondershausen of February 21, 2007, 475 Js 4671/06).

Medical approach: mobile phone as a heat complex against earache

The OLG Hamm also considered the use of a mobile phone as a thermal complex against earache is incredible. According to OLG, it is sufficient to have the cell phone installed on the ear as evidence that the person concerned has actually contacted (OLG Hamm, Resolution 13.9.2007, 2 Ss OWi 606/07).

Results: The cell phone also helps against toothache

Surprisingly, this excuse worked in the Regional High Court of Thuringia. Also used Cold compresses for toothache In OLG’s opinion, it fundamentally does not fulfill the requirements for telephony. OLG holds the excuse according to principle “In doubt for the accused.” (→ Latin in many cases: Judex non calculat?) Is credible as long as it cannot be proven that the driver was making the phone call. A mere movement of the hand toward the ear is not sufficient for the Thuringia High Court – unlike the Hamm Regional High Court – as evidence of a phone call. The OLG office acquitted the persons involved (OLG Jena, Decision 27 August 2013, 1 Ss 26/13).

Musically: Not on the phone, but sung when using a cordless shaver

OLG Hamm didn’t believe the motorist that his cell phone was in fact a battery razor blade he used Beard trim Owns. His lip movements, which the police officer recognized, were not used to speak on the cell phone after the driver entered, rather he had to. He sang music from his car radio as he moved his lips. He always sings while shaving. The Regional Supreme Court rejected the driver’s objection to the penalty notice due to untrustworthy attempts to acquit (OLG Hamm, Decision of 22 August 2006, 2 Ss OWi 528/06).

An inappropriate relief attempt: the cell phone as a dictation machine

Even drivers on business trips, who, as it is generally known, do not make calls but dictate to their cell phones, usually do not succeed in this excuse in court. In any event, the Thuringian Supreme Regional Court rejected the administrative fine based on this statement. In the opinion of OLG, the credibility of the acceptance was not at all important, since the use of a cell phone as a dictation machine is also prohibited according to Article 23 of StVO (OLG Jena, Decision of May 31, 2006, 1 Ss 82/06).

More news on the topic:

The call on the cell phone should not be pushed aside while driving

Charging your phone while driving

The mobile phone is on the steering wheel at hand, but not on the phone

background: § 23 Abs. 1 and StVO

Section 23 (1) a of StVO – in the version that has been amended several times that came into effect on April 28, 2020 – prohibits the use of electronic devices that are used for communication, information, or regulation – including cell phones or car phones – if so Mobile phone or The car’s phone was raised or carried It should become. According to Article 23 (1b) Sentence 2 StVO, this does not apply when the vehicle is stationary or the engine is off. Automatic shutdown of the engine in a vehicle is not considered as shutdown of the engine in the regulatory sense.

§ 23 other duties of vehicle drivers

(1 A) 1 It is not permissible for any person who drives a car other than to use an electronic device that serves or aims to serve communications, information, or organization purposes if
1. For this device Do not register nor complicate Will and
2. Either
A) The voice control and read-only function or
B) To operate and use the equipment, you only need to quickly glance at the device or adapt it to the road, traffic, visibility and weather conditions, while avoiding the visibility from traffic conditions or necessary at the same time.

Penalty for infractions

The catalog sees the currently valid fines

• For a minor violation of Section 23 Abs. 1a StVO fine € 100 and 1 point In Flensburg.
• Directs the call to Traffic hazards, So the fine 150 euros plus two points In Flensburg Plus a one-month driving ban.
• When making a call, a Property damage, So as not to be A fine of 200 euros plus two points In Flensburg as well A one-month driving ban.
• Also in To go cycling Cell phone use is not permitted. In this case the fine is 55 euros.

Holding the cell phone between the head and the shoulder does not help

Some motorists erroneously claim that using a mobile phone while driving is not prohibited if they are not holding the mobile phone in their hands, but rather, for example, place it between the head and the shoulder. According to a decision of the Cologne Regional High Court, the term “contract” in Section 23 (1a) of StVO does not require any activity involving the use of hands. One can also talk about constipation when holding an object between the head and shoulder, between the upper arm and the torso, or between the thighs (OLG Cologne, Decision 4 Dec 2020, III-1 RBs 347/20).