Let’s say you get the urge to scratch your ear whilst you’re riding and also you manifest to apply your cellular telephone to do it. Or the cellular phone falls off your console and also you retrieve it, however, hold it on your hand, casually elevating it close to your face or mouth at instances without much idea.
If visible by using police, you may be stopped and charged below the Highway Traffic Act, even if the cellular telephone turned into no longer being used for a name at the time.
That’s the gist of a current ruling out of the provincial courtroom in Corner Brook in which a man becomes convicted of driving a motor car even as maintaining a handheld wi-fi communique device (cell telephone), contrary to the Highway Traffic Act.
The ruling was filed through Judge Wayne Gorman on Feb. 7.
The heritage of the case states that on Aug. Thirteen of last yr, a police officer noticed Tyler Matthews driving a motor car with a mobile phone in his hand.
The officer described the cellphone being about 10 inches away from Matthews’ear and that Matthews’ lips have been “moving.” When the vehicle was pulled over, the officer noticed a cellphone plugged into the automobile’s console.
Matthews advised the officer that the cellular telephone had “0 battery-lifestyles.” He presented to show the phone on for the officer and to reveal the officer that the phone’s charger turned into no longer working. The officer declined these give and charged Matthews with using a motor car “at the same time as conserving or the use of a hand-held wi-fi communication tool or different prescribed tool this is able to receive or transmitting phone communications, digital facts, electronic mail or textual content messages.”
Matthews pleaded no longer responsible and a trial was hung on Feb. Four and Feb. 7.
During the trial, the accused testified that the mobile phone had “slipped” and that he grabbed it for protection reasons. He said the telephone became no longer charged and became incapable of receiving or transmitting records, and that his lips had been moving due to the fact he become frustrated and became speaking to himself.
Matthews argued he needs to be acquitted because even though he becomes maintaining his mobile phone, it becomes no longer working.
The Crown argued it had tested it had made out the rate because the statistics said that Matthews changed into retaining the cellular phone even as driving the car. The Crown said it did not have to show the tool became operating at the time.
Gorman agreed with the Crown, concluding that Section 176.1(1) of the Highway Traffic Act was breached by means of Matthews. The phase states that a person shall no longer force a motor vehicle on a motorway while retaining or the use of a hand-held wireless communique tool or different prescribed device this is capable of receiving or transmitting smartphone communications, digital facts, e-mail or textual content messages.
“In this situation,
the Crown has established (and Mr. Matthews concedes) that he was driving a motor automobile upon a dual carriageway whilst protecting a cell telephone,” Gorman concluded. “Mr. Matthews has not tried to set up that he acted pursuant to a mistake of truth or that he took all reasonable steps to keep away from committing the actus reus (action or behavior that may be a constituent detail of a criminal offense).”