Woman accused of distracted driving for having phone in her lap while it charged acquitted
issued in Victoria provincial court on Feb. 11, judicial justice H.W. Gordon ruled that the accused woman - Meghan Sarah Wesley Wylie - was not "using" her phone as defined in the Motor Vehicle Act, and therefore could not be guilty of distracted driving.
These two facts - that the screen was not illuminated and that she was not touching it with her hands - were key to the judge's interpretation of B.C.'s distracted driving law. Judicial justice Gordon wrote that simply charging a device does not constitute operating one of its functions, in the same way that plugging in a TV doesn't constitute "using" it.Numerous cases relating to distracted driving in B.C. have ended with courts upholding tickets, even in unusual circumstances.that a woman was guilty of distracted driving for holding a phone with her legs while driving, even though the phone's screen was not illuminated at the time.
After that ruling, former B.C. solicitor general Kash Heed, one of the architects of the province's distracted driving law, told CTV News Vancouver that the justice "got it right."
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