Cellphone law: Holding one even briefly while driving is illegal, Ontario court rules
Rulings released Friday affirmed that holding any wireless device, whether actually using it or not, can result in a conviction.
Original article published by the Toronto Star and written by RENE JOHNSTON
The article discusses the issue of whether holding an article briefly is enough to have you charged under the Highway Traffic Act. The recent court ruling is – yes. We know from our own experiences in court that holding a cell phone, even more a brief moment, is often enough to have the charge laid.
One case they reference is R. v. Kazemi where a woman picked up a phone at a red light. This went through the appeal court and ultimately she was found guilty. The other case referenced is R. v. Pizzurro. This was a case that was previously appealed and won. It related to the Crowns responibility to prove that the device was capable of transmitting communication.
Check out the article.
References
- www.ontariocourts.ca/decisions/2013/2013onca0585.htm
- www.ontariocourts.ca/decisions/2013/2013onca0584.htm
- www.thestar.com/business/tech_news/2013/09/26/rogers_and_sprint_to_offer_highspeed_wifi_in_cars.html
All rights to the original article belong to www.thestar.com – http://www.thestar.com/news/crime/2013/09/27/its_illegal_to_even_hold_a_cellphone_while_driving_court_rules.html
