German trucker uses mobile as "ear warmer," court believes it

Oh sure, we've seen alleged criminals wriggle out from under the strong arm of the law, but this one takes things to an entirely different platform. Reportedly, a truck driver in Germany was pulled over for yapping on his cellphone while cruising, but apparently, said trucker actually wasn't talking when the boys in blue saw his handset upside his melon. As the story goes, the 43-year old was actually using the freshly recharged mobile to "warm his ear" in an attempt to alleviate an earache. Astonishingly enough, he was even able to provide "an itemized telephone bill proving he had not been using the phone at the time he was stopped," thus, a court in Hamm accepted the excuse and let him go sans penalty. Something tells us this guy's got friends in low places.

[Via Switched]

[Esat @ Mar 18th 2008 11:04AM]

I actually have no idea what I can say to that. It's just too... rediculous.

[Tim @ Mar 18th 2008 11:05AM]

Thats awesome. Plausible too. If he wasn't talking to anyone when the officer walked up to him, and the bill supports that, then he must not have been talking.

[Sheldon @ Mar 18th 2008 11:39AM]

It's even easier than that: an itemised bill shows you the calls that you were *charged for* and the last time I checked, you don't get charged for *incoming* calls!

[Maurice Troute @ Mar 18th 2008 1:33PM]

"It's even easier than that: an itemised bill shows you the calls that you were *charged for* and the last time I checked, you don't get charged for *incoming* calls!"

You do with most European carriers...

[Jeff @ Mar 18th 2008 12:25PM]

sheldon: My itemized bill shows ALL calls, texts, internet usage, etc.

I'm not sure you're right about incoming calls not showing up. (Besides, I don't think incoming calls are free...)

[Miles Ross @ Mar 18th 2008 12:27PM]

what world do you live in that you dont get charged for incoming calls?

[monkfishbandana @ Mar 18th 2008 12:49PM]

@ Jeff and @ Miles Ross

Here in the UK, Germany, and the rest of Europe (or at least most of Europe) we don't get charged for incoming calls; just outgoing calls, texts, data and retrieving voicemail.

[Alex R @ Mar 18th 2008 1:10PM]

@ 'Y'
This is madness!

No, THIS! IS! SPARTA!

*Kicks guy down a seemingly bottomless pit*

PS, I wish you could reply to replies.

[Dean @ Mar 18th 2008 2:58PM]

I don't get it, why would someone have to pay to receive a call? Hell, even the evil telcos here in Australia don't do that!

[j.d.ripper @ Mar 18th 2008 5:34PM]

@monkfishbandana

I can say in France there is no charge for incoming calls.
Isn't it just ridiculous to be charged for an incoming call ?

[sinjinn @ Mar 18th 2008 6:17PM]

a hundred yaers ago people would actually have to pay to recieve a letter.

[Jeebus @ Mar 18th 2008 6:41PM]

"You do with most European carriers..."

@Maurice: Could you mention some of those (many) European carriers that charge for incoming calls?

[BollockChops @ Mar 19th 2008 8:30AM]

WTF! European carriers **DO NOT** charge for incoming calls at all. Seriously, stop making stuff up just to make a comment.


AFAIK it's in the USA that both sides seem to get charged, which is a freaking joke. Wasn't there all that fuss over iphone not using double charging - which is the norm in the US?

[Wwhat @ Mar 19th 2008 12:23PM]

He still didn't have his hands available for driving regardless.

[TRAFFICBLOWS @ Mar 18th 2008 11:06AM]

obvious this guy has 2 cell phones

[Rainier @ Mar 18th 2008 11:10AM]

I agree.

[SilverGixxer @ Mar 18th 2008 11:11AM]

I was thinking the exact same thing. He probably has a work cell phone (more than likely in his trucking companies name) and a personal cell phone.

[E71 @ Mar 18th 2008 11:34AM]

Joke flew right over your head, didn't it SilverGixxer? :)

[J @ Mar 18th 2008 12:18PM]

The joke went in one ear and out the other.....

(Sorry, I had to)

[Jeff @ Mar 18th 2008 12:27PM]

that's what i was thinking.

(...what joke flew over who's head?)

[Dubb @ Mar 18th 2008 4:58PM]

Ugh, must I explain? He has two phones to warm both ears, get it?

God people are slow.

[JakeLL @ Mar 19th 2008 11:05AM]

@ Dubb:

Actually Dubb, I don't think that "joke" is what Trafficblows had in mind; having two phones would explain why the trucker was able to produce a call list that didn't have him on the phone at that particular time. Regardless, it's certainly not clear enough to get magnanimous about...

[TRAFFICBLOWS @ Mar 19th 2008 12:07PM]

thanks for clearing things up JakeLL!! i don't even get the "joke" that i apparently made... 2 ears, 2 phones, huh?

[Moe @ Mar 18th 2008 11:09AM]

Its not really that far-fetched.

[Ellianth @ Mar 18th 2008 11:12AM]

How many minutes/seconds does "at the time the officer walked up" before the officer actually talking to the guy does this include?

Like officer sees me talking at 10:50am pulls me over and gets to my car at like 10:51:30. I hang up at 10:50 as soon as the guy pulls me over. Since he got to my car at 10:51:30 and i can prove that the phone was not in use at that time does that count as using it as an ear warmer?

I'm to lazy to click the read link, someone tell me if that's what happened.

[Macha88 @ Mar 18th 2008 11:48AM]

Doesn't Matter if you have Unlimited Minutes.

[Twitchy @ Mar 18th 2008 3:59PM]

Depends what tolling option he had - maybe he had the 60/1 option, where you pay for the first minute, and then get billed by the second thereafter. I was on such a plan (then switched to 10/10 because it worked out cheaper - don't make long calls) and my calls were itemised down to the second.

[Wwhat @ Mar 19th 2008 12:25PM]

I don't think german cops are officers.

[Loonie @ Mar 18th 2008 11:14AM]

"friends in low places"... I like that one. It will prove useful.

[jmiday @ Mar 18th 2008 11:17AM]

thank Garth Brooks :p

[Sebastian @ Mar 18th 2008 11:52AM]

well, actually for germany that still would be the "guys in green", just some states switched to blue uniform

[jason @ Mar 18th 2008 12:01PM]

It's a good thing for this guy that my wife isn't a German judge. She didn't buy it that I was simply using my hand as a crotch warmer.

[LordZargon @ Mar 18th 2008 12:08PM]

In the UK, even if it was just an ear warmer, you'd STILL get a £60 fine and 3 points on your license. A woman once got fined just for eating an apple whilst driving, this country is crazy I tell ye'!

[Smokin @ Mar 18th 2008 12:17PM]

The arresting officers clearly must have been Microsoft fan boys ;}

[fraz @ Mar 18th 2008 12:21PM]

or perhaps, er.. SHE SHOULD HAVE BEEN BLOODY DRIVING. eating an apply while driving. Maybe when she's get caught in a pile up because she wasn't paying attention/couldn't get to the gear stick in time (if it's a manual) she might realise she shouldn't have been doing it, but then someone else has to suffer for her stupidity.

Saw a truck driver (who looked quite old) driving around a bend while eating a bag of chips from a chippy, looking the wrong way as he took a turn. surprised he never killed anyone. crazy indeed

Back on topic, yeah 2 phones, or an incoming call. The court took his bill as evidence rather than the phone companies incoming/outgoing records?

[Jeff @ Mar 18th 2008 12:29PM]

robots don't say "ye"

[Wwhat @ Mar 19th 2008 12:27PM]

Perhaps eating an apple raised her bloodsugar level and thus made her more alert and able to prevent accidents.

[Plawa @ Mar 18th 2008 12:12PM]

Here in the Czech Republic he'd be busted anyway. You don't actually have to be talking, it's enough just to hold a phone or a "talking device" in your hand and you can be charged with not paying appropriate attention to driving. It mostly used as a precaution against people texting while driving and I say it's a good thing.

[Loban @ Mar 18th 2008 12:23PM]

Umm, I don't know about you guys, but my cell phone doesn't get warm unless I'm using it. I'm holding it in my hand right now and i can't feel any heat.

[Paul @ Mar 18th 2008 12:27PM]

the article said "freshly charged"
many cell phones' battery get warm during sustained charging

[Loban @ Mar 18th 2008 12:59PM]

That's true, but it wouldn't have stayed warm for very long. But I suppose it would still work.

[Ollie @ Mar 18th 2008 12:25PM]

Don't you mean.."Boy in Green"? German cops wear green uniforms.

[Craig @ Mar 18th 2008 6:25PM]

New Zealand, England, Australia. No where that I have ever owned a phone has ever charged me for incoming calls.

[Joe @ Mar 18th 2008 12:28PM]

"I was just using her mouth as a penis warmer."

[Brian @ Mar 18th 2008 12:47PM]

Nice, I will have to remember that.

[Tameside Eye @ Mar 18th 2008 12:45PM]

This is as believable as the man who used cocaine to relieve his toothache:

http://www.tamesideadvertiser.co.uk/news/s/1037445_man_used_cocaine_for_wisdom_tooth_pain

[Gorjan @ Mar 18th 2008 1:26PM]

Well, cocaine is a analgesic drug. Analgesic drugs such as lidokain, xylokain are derivates of the coca plant too. The only difference is that cocaine is illegal.

[Gorjan @ Mar 18th 2008 1:27PM]

*an analgesic drug

[Richard Lai @ Mar 18th 2008 1:27PM]

Ear warmer? More like brain warmer.

[The Dude @ Mar 18th 2008 1:50PM]

They would've dropped the taze-hammer on him here before sending his lying ass to jail.

"Zun't taze me bro!"