Portadown mechanic, caught driving whilst using his mobile, avoids driving ban due to caring for his mum, Craigavon court hears
A Co Armagh man, caught using his mobile phone while driving, used the ‘exceptional hardship’ defence to avoid losing his licence as he is a carer for his mother.
John Matchett, aged 37, from Dobbin Road, Portadown, appeared before Craigavon Magistrates Court last Wednesday charged with using a mobile phone while driving.
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It was 10.55am on March 11, this year when police spotted the defendant driving a Mercedes flat bed lorry. He was negotiating the roundabout at Ballylisk, Portadown, while holding a mobile phone in his right hand and was “tapping on the screen with his thumb”.
When stopped he neither confirmed nor denied the mobile phone use however he did disclose he’d received eight penalty points for a previous motoring offence.
Matchett’s solicitor, Mr John McCamley said his client was tapping the phone and had earbuds in while using the phone. “He totally accepts that is using the phone,” said the solicitor.
"I suppose by way of mitigation he didn’t have his phone to his face and he wasn’t distracting himself in that manner. It’s still a distraction and still a danger to society,” he added, pointing out that if the court gave Matchett the minimum four penalty points it would lead to an automatic six months driving ban.
"There are exceptional circumstances,” said the lawyer sharing documents with District Judge Michael Ranaghan that Matchett is his mother’s primary carer.
"He lives alone with his mother and is the only person who has care of his mother,” he said, adding the defendant’s mother has mobility issues with up to three medical appointments per week with Matchett the only one who can bring her to them.
He revealed Matchett is a mechanic and the main “bread-winner”. Losing his licence will mean losing his job.
Mr McCamley said there are “exceptional circumstances”, asking the District Judge to make an order to impose the penalty points but not to disqualify Matchett from driving.
District Judge Ranaghan pointed to the effects losing his licence will have on his mother. He imposed six penalty points but made an order that the “totting up” process will not apply. Matchett was fined £400 plus the £15 Offender Levy.