• Germany's news in English
 
app_header_v3
‘I only scratched my head with phone’ driver convinces court
Photo: DPA

‘I only scratched my head with phone’ driver convinces court

The Local · 3 Mar 2016, 12:31

Published: 03 Mar 2016 12:31 GMT+01:00

“If someone holds their phone and moves it from one place to another but doesn’t use it for its actual purpose - either by typing or talking - that’s not a breach of traffic law,” judge Dietmar Adam said on Wednesday, the Rheinische Post reports.

The 22-year-old defendant's lawyer successfully argued that this is exactly what happened when his client was collared by police.

Far from holding the phone to his ear his client “was scratching himself with it because he had a rash on his face,” the lawyer claimed.

The judge was convinced by the argument because the young man’s face was inflamed by a rash at the time of his court appearance.

“I picked up the phone from the footwell of the car and reflexively scratched my face with it,” the man from Leverkusen said. “The I put it back down on the passenger seat.”

Neither the judge nor the policeman who was called as witness could disprove this version of events.

Andreas Hölzel of the German Automobile Association (ADAC) told The Local that using a mobile phone at the wheel is highly inadvisable.

Story continues below…

“Using a phone while driving is rightly viewed as highly dangerous. How much danger it poses can only be estimated. Email, Whatsapp and other [written forms of communication] are a particular distraction,” he said.

He added that the penalty for using a phone at the wheel in Germany has recently been increased and that in the view of the ADAC this was a correct decision.

For more news from Germany, join us on Facebook and Twitter.

The Local (news@thelocal.de)

Your comments about this article

Today's headlines
Stockpile food in case of attack, Germany tells citizens
Photo: DPA

Germany on Wednesday urged its population to stockpile food and water in case of terrorist or cyber attacks, as it adopted its first civil defence strategy since the end of the Cold War.

Ten injured after freight train crashes into bus in Osnabrück
The crash site in Osnabrück. Photo: DPA

A freight train crashed into a bus in Osnabrück on Wednesday morning, leaving several people badly injured, local media report.

Man wins ten-year court battle over €2.50 surcharge
Photo: DPA

An Austrian man has won a ten year court battle over an extra €2.50 he was asked to pay to get into a swimming pool in Bavaria a decade ago.

In Pictures
Düsseldorf swoons as Prince William comes for royal visit
'Well hello Mr. Prince'. Photo: DPA.

Prince William paid a visit to the Rhineland city of Düsseldorf on Wednesday to celebrate the state of North Rhine-Westphalia's 70th birthday. Here's a look at his royal stay.

Brexit
Frankfurt attempts to charm banks away from London
Frankfurt am Main. Photo: DPA

Germany's finance capital has spotted an opportunity with the Brexit-wary banking beasts of the Square Mile.

How did this bike end up on top of Berlin’s Molecule Man?
A professional climber 'rescuing' the bike hanging from the Molecule Man. Photo: DPA.

Berliners are still scratching their heads over how a bicycle ended up dangling from the capital’s iconic statue.

Travellers stuck after dozy train driver forgets Freiburg
Photo: DPA

It's one thing to miss a train - it's another when the train misses you.

Berlin airport employee admits taking €150,000 bribe
Berlin Brandenburg Airport. Photo: DPA

The German capital's long-delayed international airport has been haunted by claims of corruption and incompetency.

Teachers' union: school burqa bans only isolate girls more
Women wearing niqabs. Photo: DPA.

A German trade union for teachers has warned of the consequences of banning certain religious attire in schools after a teen this week was told she could not wear a face veil to school.

Bundesliga
Bayern ban big bags and bottles for Bundesliga opener
Photo: DPA

Bayern Munich have tightened security measures at their stadium, banning spectators from carrying big bags and bottles, ahead of Friday's home match - the first of the new German league season.

Sponsored Article
Why you should attend an international job fair
Gallery
Germany's 17 Olympic gold medals in pictures
Sponsored Article
Why expats choose international health insurance
Culture
7 American habits that make Germans very, very uncomfortable
Rhineland
Story of a fugitive cow who outwitted police for weeks before capture
Sponsored Article
Why you should attend an international job fair
Culture
Eleven famous Germans with surnames that'll make your sides split
Sponsored Article
Life in Jordan: 'Undiscovered treasure'
Lifestyle
The best ways to get a visa as an American in Germany
14 facts you never knew about the Brandenburg Gate
Society
Ten times Germans proved they really, really love beer
Sponsored Article
Why Jordan is the ‘Different’ East
Lifestyle
What's on in Germany: events for August 2016
Sponsored Article
Five things Americans should know about voting abroad
National
Six things you need to know when moving to Germany
Travel
These 10 little-known German towns are a must see
Sponsored Article
Jordan Pass: your ticket to the experience of a lifetime
International
German scientists prove birds can sleep while flying
Sponsored Article
Jordan: where history meets adventure
Technology
London v. Berlin: Which is better for startups?
Lifestyle
13 mortifying mistakes German learners always make
Sponsored Article
6 reasons expats use TransferWise to send money
Travel
Enter if you dare: Berlin's best abandoned haunts
Sponsored Article
Why you should attend an international job fair
Lifestyle
10 rookie errors all Brits make when they arrive in Germany
Sponsored Article
Five things Americans should know about voting abroad
National
How to get German citizenship (or just stay forever)
Sponsored Article
Jordan: where history meets adventure
Technology
Brexit will turn Berlin into 'Europe’s startup capital'
Sponsored Article
6 reasons expats use TransferWise to send money
Travel
Six soothing day trips to escape the bustle of Berlin
International
'Germany needs to make UK come to its senses'
Features
Six odd things Germans do in the summer
Features
How two gay dads cut through German red tape to start a family
8,582
jobs available
Toytown Germany
Germany's English-speaking crowd