"I will continue to drive like this" Senior driving with a stogie and a cell phone - it's going to be expensive
A controversial incident in Zurich's Aescher Tunnel ended up in court. A pensioner is said to have been driving hands-free while using his cell phone and cigar at the same time. Despite denying it, he was found guilty.
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- A man in Dietikon ZH has been convicted of a simple traffic offense.
- A policewoman had observed the 69-year-old man driving hands-free with a cell phone and cigar.
- The accused denied the accusations and explained that he had only used the cell phone briefly and had always kept his eyes on the road.
A 69-year-old Swiss man recently stood trial at the Dietikon ZH district court after refusing to accept a penalty order for a simple traffic offense. At the heart of the case: testimony against testimony. A policewoman was convinced that she had seen the man driving hands-free in Zurich's Aescher Tunnel at the end of 2024, while at the same time fiddling with his cell phone and holding a cigar, as reported by the Limmattaler Zeitung newspaper.
The policewoman described in court: "I remember how the vehicle in front of us stood out due to its unsafe driving style." When overtaking, she "clearly" saw the driver "holding a cheroot in one hand and fiddling with his cell phone with the other".
For a moment, he had even taken both hands off the steering wheel. Although he did not endanger anyone in particular, she admitted, in an emergency he "would not have been able to grab the steering wheel again quickly enough with both hands".
Accused is an experienced racing driver
According to the "Limmattaler Zeitung", the accused denied the accusations. "I certainly didn't let go of the steering wheel with both hands - and if I did, I certainly didn't do it knowingly," he is quoted as saying. He also doubted the policewoman's observation, as she had been sitting in a limousine while he had been traveling in a higher vehicle.
He only used his cell phone briefly "to switch the media" as his DAB radio was causing problems. "I had my eyes on the road ahead of me at all times."
His defense lawyer also questioned the credibility of the witness and pointed to memory gaps. In addition, his client was an experienced racing driver and could "very quickly grasp the steering wheel again with both hands".
However, the court followed the policewoman's account and found the man guilty. In addition to the fine of 300 francs, he must also pay around 2000 francs in legal costs. The convicted man was unapologetic: "I drive up to 50,000 kilometers a year and will continue to drive and smoke like this."
