If you use your mobile phone while driving, you face serious consequences. But what if you don’t hold the mobile phone in your hand but instead tie it between your ear and your shoulder? Is the twisted position also considered fixable?
- The case is before the Cologne Regional High Court
- A woman flashes with a cell phone on the steering wheel
- In Cologne, women stand up against fines
The Regional Supreme Court in Cologne (OLG) had to deal with this issue. As announced by OLG on Wednesday (January 20), a car driver wanted to defend himself against the fine. It flashed while the speed test was running. In the photo you can see that she has a cell phone stuck between her shoulder and her head.
The case before OLG Cologne: The woman has already failed in the district court
In previous district court proceedings, she admitted to using a cell phone to make calls. However, it was already in the position shown prior to the start of the flight – her view was that this was not a “stop” in the sense of the list. She said this requires holding her in the hand.
She had already failed in the district court and was sentenced to a fine. Now I tried the following example. And it failed again.
The first Senate decided on fines cases in the District Supreme Court in Cologne: Use of a cell phone trapped between ear and shoulder while driving could constitute a use subject to a fine within the meaning of Article 23 (1a) of the Road Traffic Act (STO).
According to the Cologne Regional Supreme Court, constipation does not necessarily require the use of two hands
“To justify the Senate decision, he stated that ‘carrying’ something linguistically did not necessarily require the use of hands,” said OLG spokesman George Winkle.
The court also considers that there is a significant potential risk of cell phone interference. This can break off his “bow”, that is, slip away, and prompt the driver to act involuntarily. For example, to prevent the cell phone from falling in place of the feet.
On the other hand, with the hands-free system, the driver does not regularly have to worry about the stability of the holder, as says the reason. (iri)