Father-of-two who failed to slow down at PSNI check point, was taking a video call on his mobile phone, Craigavon court hears
A motorist who was spotted taking a video call on his mobile phone while driving up to a police check point has been given a driving ban.
Flavio Mendes Varela, aged 35, of Craigwell Avenue, Portadown, appeared at Craigavon Magistrates Court, charged with driving whilst using a mobile phone. He was also accused of having no driving licence.
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The court heard police were conducting a check point on the Knockmenagh Road, Craigavon on December 22 last year at around 8.20pm.
Wearing high visibility vests and using an illuminated traffic wand, they spotted a vehicle approaching the check point from the direction of Bluestone Hall. However the vehicle appeared not to be slowing down as it approached.
"Police shouted ‘stop’ towards the vehicle and it stopped abruptly just passed the check point,” said a prosecutor.
"On approaching the vehicle, police could see a mobile phone resting on the knee of the driver and the phone had an on-going video call in progress. Police could see there was a person on the screen and the call was active,” she said.
The court heard the driver claimed his Portuguese licence was ‘at home’. He said he had been living in Northern Ireland for four years.
District Judge Brian Archer pointed out he was required, after two years, to get a Northern Ireland licence.
Varela’s solicitor, Ms Siún Downey, said her client is father to two young children and his wife has ‘four bulging discs’ as a result of her last pregnancy and can no longer work. The defendant also has to take the children to primary and nursery school as well as taking his wife to a weekly visit to a physio.
The district judge asked what she wanted him to do. Ms Downey suggested putting any points on a ‘ghost’ licence and to give him a short ban. “He’s the only member of the family that works,” said Ms Downey, adding the defendant works in a chicken factory in Lurgan.
"If he was to lose his licence it would affect not only him but his wife and children greatly,” said the solicitor.
District Judge Archer said he wouldn’t give the defendant points but disqualified him from driving for 14 days on each of the two charges.