Shuja Jamal

In today's example of quirky legal outcomes, this case from a Queensland court.

When you get caught using your mobile phone while driving, just argue 'my mobile phone was not a mobile phone at the relevant time.'

This guy did and he won.

#Law #AusPol

https://www.queenslandjudgments.com.au/caselaw/qmc/2022/2?fbclid=IwAR1UWfXg8UwYIi4nVMEXLgqb4SD9pB41L3EdXysPmzOJmtNbBr0aVX7N0eM

Department of Transport and Main Roads v Konrad Gordon Gallaher [2022] QMC 2 - Magistrates Court of Queensland Caselaw

Department of Transport and Main Roads v Konrad Gordon Gallaher [2022] QMC 2 | Magistrates Court of Queensland Caselaw. DIVISION: Trial Division, PROCEEDING: Application, ORIGINATING COURT: Supreme Court at Brisbane, DELIVERED ON: 6 June 2011, JUDGE: Ann Lyons J

Nov 12, 2022 at 3:35amWeb
Show threadJoseph Mastron, PhD 🆓✅🏳️‍🌈Nov 12, 2022
@AhmadShuja thank you for sharing. Respectfully, I think this is an unfair representation of what is described in this link shared here. It appears to state that he was charged under a statute banning mobile phones while driving, specifically for use in communications and texting. As he demonstrated that the device he was using did not have a sim card, and he was using it for music, and music devices aren't banned, that the device was not operating as a mobile phone at the time.
Show threadJoseph Mastron, PhD 🆓✅🏳️‍🌈Nov 12, 2022
@AhmadShuja It appears the ruling indicates that smart phones that are incapable of calling or texting default to no longer being considered a phone for the purposes of this particular law, as radios and similar are not banned, nor are ipods without calling capability.
Show threadShuja JamalNov 12, 2022
@ohyeahlasers You are absolutely right. I was caricarurising that part of the ruling for entertainment value.
Show threadRua the SidheNov 12, 2022
@AhmadShuja Sounds like an iPod Touch.
Show threadShuja JamalNov 13, 2022
@rua I think it was an iPhone that couldn't make a phone call.
Show threadRua the SidheNov 13, 2022
@AhmadShuja News said an iPod Touch but I use old phones like that.