A car driver caught with a cell phone at the wheel, defends himself against buses and now pays double

The driver was driving out of town on Zürcher Strasse one afternoon in March 2019 when a police patrol stopped him. Officers complained that he held his smartphone in his right hand and wrote on the mobile phone with his thumb while driving.

His gaze is directed toward the screen in the lower center console. As a result, he is no longer completely directing his attention to the road and traffic.

The prosecutor’s office sent the Italian, who grew up in Switzerland, a penalty note for violating traffic rules. For it he was fined 300 francs. In addition to fees and charges, he was to have paid 650 francs.

The police officers were looking for a claim

The accused and his lawyer objected to the penalty ruling. At the hearing in St. Gallen County Courthouse, the single judge asked him to describe his journey and police surveillance in as much detail as possible.

The 28-year-old accused said he brought his girlfriend’s lunch to work and then left town. Right before leaving, he sent his girlfriend a voice message. Cell phone is no longer used on the way.

Police officers first asked for his identity and scratched the window to see if it had been obscured by a banned film. Only then did the patrol accuse him of using his cell phone while driving. But this is not true.

Defense attorney demands acquittal

The defense lawyer demanded an acquittal from guilt and punishment. He said the police couldn’t even tell where his client’s gaze was directed. Presumably, the officials wanted to convict the defendants for forbidden parts. But since they found nothing, they accused his client of using his cell phone while driving. But this accusation is an “incomparable fairy tale.”

The police actually tried to show the suspect due to a backlight. The defense attorney, who also confirmed the violation of the principle of the indictment, explained that you have something fundamental against the seized cars, which is why these vehicles are stopped in principle while under surveillance.

The single judge overturns the conviction

However, the defense counsel’s arguments did not convince the single judge. On the one hand, he could not see any violation of the principle of the accusation, and on the other hand, there was much to suggest that the accused did indeed use his smartphone while driving, as confirmed by the judge. The facts cannot nullify the “partially theatrical” plea of ​​defense attorneys.

Police statements are clear. However, the driver of the car did not resist control that the accusation was a mistake. He didn’t tell me a new version of what happened until much later. This statement behavior indicates a protective claim.

There is also much to suggest that the accused did not leave the voice message to his girlfriend before, but rather during the flight. Accordingly, the single judge issued a guilty verdict. In addition to the fine, fees and expenses, the costs of the trial court procedures must now also be borne by the accused. Instead of 650 francs, he is now paying about 1,300 francs.