Drivers can use cellphones in ‘legitimate emergencies’ Magistrate tells doctor

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A doctor charged with using a cell phone while driving had charges against him dismissed after the court heard he was making to an emergency call.

Dr Eyitayo Fakunle, 38, pleaded guilty to the charge but as Senior Magistrate Archibald Warner began to read out the penalty, Dr Eyitayo asked if he could explain the incident.

He said that he is a haematologist at King Edward VII Memorial Hospital and, on the day in question he had received a phone call from the hospital regarding a blood transfusion.

“They wanted me to give the okay,” he said. “Sometimes they want me to confirm with them before they release the blood product because that’s what I do.”

He said he waited for traffic to stop before making the phone call to confirm he was on his way to the hospital, when he was seen by the officer

Dr Fakunle said explained to the officer what had happened, and the officer advised him to inform the courts of the story.

“I’m not saying this to tell the court that I’m not guilty,” he said. “I know that I am guilty.”

Mr Warner however responded: “Yes, but if your explanation fits a defence, I must consider the defence.”

The Magistrate said that according to the legislation, one is allowed to use a mobile device while driving in the case of a legitimate emergency and, given the circumstances, dismissed the information against Dr Fakunle.

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