Laois judge scolds Tesco delivery driver for noting book ideas while driving

The driver of a Tesco delivery van was accused of holding a mobile phone while driving in Portlaoise.

Anthony Guinan (47) of 1, Coolagh, Geashill, Co Offaly appeared before Portlaoise District Court on Thursday accused of holding a phone while driving on the Mountrath road in Portlaoise on 3 September 2025.

The accused pleaded not guilty to the offence, arguing that it was not a mobile phone he was holding, but rather a dictaphone he uses to narrate book ideas.

Garda Hough told the court that she had informed the driver of the alleged offence on the date of the incident, and that the fine had not been paid.

The accused told Judge Susan Fay that he thought Garda Hough had only given him a warning, and had tried to explain on the day that he was not holding a phone.

“It’s a dictaphone. I have a headset for my phone, this is not something I would do,” he said.

The accused questioned Garda Hough as to why she waited until he was entering McSorley’s shop to speak with him.

Garda Hough told Judge Fay that this was the earliest opportunity she had to do so.

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The accused questioned whether Garda Hough knew the colour of the phone he was allegedly holding, which Garda Hough said she did not have it in her notebook.

The accused argued that he ‘didn’t get what was happening’, and tried to explain that he was holding a dictaphone.

Judge Fay questioned Garda Hough whether the device could have been a dictaphone.

“I’m not sure. The notes say he was holding a phone, not using one,” Garda Hough replied.

The accused said that at the time he was recording a voice note using his dictaphone. He said that he would have placed it in the phone cradle in the van, but the dictaphone was too small to fit the cradle.

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“I use it for interviewing, it has no SIM or communications on it,” he said.

Judge Fay questioned why he was dictating while driving.

The accused said that he writes books and works as an educator. He said that when the idea strikes for a book, he makes a voice note of it.

“When you are driving, you’re driving, it’s not a creative time,” Judge Fay said.

“Garda Hough has been fair and honest. You are charged with holding a phone going around writing books, I see consequences in relation to this where you could have been charged with something else. Pedestrians have been killed and maimed because people check their phones,” Judge Fay said.

Judge Fay ruled that while he was accused of holding a phone, there was doubt as to whether the device was a phone. The judge dismissed the case, but told the accused that ‘she was not impressed’.