R v Pizzuro, from Justice Beatty January 30, 2012 in Bracebridge holds the prosecutor must adduce evidence a handheld cellphone is capable of sending and receiving before a conviction for driving while using a cellphone can be entered. The Court held it was not enough to say the accused was seen holding the cellphone in the customary fashion while driving, that the light on the cellphone screen was on or that the object in question looked (on the accused being pulled over) like a cellphone. There must be evidence as to the cellphone being capable of use.
The question is, of course, how could there be evidence the cellphone is capable unless the officer uses the phone or directs the accused to make a call?
The decision, at least on my understanding, is problematic (albeit useful as a defence for driving caught talking on their cellphones).
8 comments:
They could check to see if the phone has a game on it.
Entertainment devices
(2) No person shall drive a motor vehicle on a highway while holding or using a hand-held electronic entertainment device or other prescribed device the primary use of which is unrelated to the safe operation of the motor vehicle.
Right, but to do that they still need to use it -- and that raises all sorts of privacy issues. Now you can argue if you are driving you have less privacy but ...
Yeah, mandatory minimums are bad but banning the specific use of a multi-function device is good? Didn't we have a law dealing with distracted driving before Daddy McGuinty (or our other Liberal overlords here in BC) decided that we had to specifically ban talking on a cell phone?
Rat, I agree -- make dangerous driving illegal yes but the stuff related to driving? A radio (or a crying baby) can be just as distracting,,,
My point is that if I am holding a cell phone to my ear and appear to be driving badly that should be enough for an officer to ticket me. If, on the other hand I am driving sensibly despite the phone then let it be. You wrote how we needed judges to have discretion yet our 'progressive' governments want to take it away from the police. (Oh, and judges when it is drunk driving, then we here in BC don't even get to a judge before the police have applied the punishment)
Rat, I agree. Punish what is bad behaviour - the bad driving - not random stuff around driving. I once lived in an American state where drinking and driving was legal. (They changed that). You could go to jail forever if you were drunk and killed someone driving but you went not for drinking but for driving badly. Your point is well taken.
People should use a product like BlueStar 2010 for handsfree driving.
Appreciating the commitment you put into your website and detailed information you present.
It's nice to come across a blog every once in a while that isn't the same unwanted rehashed
information. Fantastic read! I've bookmarked your site and I'm including your RSS feeds to my Google account.
Here is my web page - bmi chart women
Post a Comment