Owner of Northern Ireland haulage firm 'of impeccable character' caught using mobile phone while driving on the M1 between Dungannon and Lurgan
A haulage business owner who employs hundreds of people has been given a seven-day driving ban for using a mobile phone while on the M1 motorway.
Norman Emerson, aged 77, from Ardmore Road, Derryadd, Co Armagh, appeared before Craigavon Magistrates Court on Tuesday, January 28..
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The court heard that on September 25 last year, police were on the M1 motorway travelling from Dungannon to Lurgan. Police spotted the defendant holding a mobile phone up to his left ear while driving a Ford Transit van.
When stopped Emerson told police his son had rang, answered ‘quickly then threw it down’.
A prosecutor said the defendant told police ‘I have hands free in my own car. I’m a widower. I help him on Wednesday’s only. Is there nothing that can be done?’.
A lawyer from Donnelly and Wall Solicitors handed District Judge Michael Ranaghan a dossier with four references explaining Emerson had nine penalty points on his licence.
He said: “Mr Emerson is a gentleman who owns a very successful road haulage business in the local area employing over 100 men.
"In relation to that business there are over 60 lorries and he has Bluetooth that connects to all lorries. On the day in question he was driving his son’s van who works at a separate business, giving him a hand. That was the reason the Bluetooth never kicked in,” he said.
The lawyer said Emerson is “someone who lives an exceptional life” and someone “who has done his best to give back to the community”.
He added that his client still drives lorries for the business and still has his road haulage licence “at 77 years of age which is very rare given the medicals that have to be passed”.
He said his client had only one minor blemish on his record in the 60 years he has been driving and that was 25 years ago.
The solicitor pointed out to District Judge Michael Ranaghan that Emerson currently has nine points on his licence and is driving 30k to 40k miles per year. “He has recently purchased another business which is where the other reference is from,” he said.
"In total, there are approximately 900 persons he employs at present,” said the lawyer. “While his son, at present, has taken over part of the role of managing the business, he is very much hands on in addition to all his community work.”
He asked the district judge to “use his discretion” given the defendant has nine points on his licence and impose a short disqualification.
District Judge Ranaghan said: “We all know the danger involved in driving with a mobile phone. You simply can’t concentrate on the important business at hand which is driving a motor vehicle safely.
‘You have the least significant criminal record that I’m likely to see. My attention is drawn to these references. They speak of a man with impeccable character, a man who goes above and beyond for others. I am particularly drawn to the reference from Mr Wesley Emerson and all the additional work that Mr Emerson does that he doesn’t have to do.”
He said that due to the “glowing references” he would only ban Emerson from driving for seven days and ordered him to pay a £185 fine plus the £15 offender levy.