.drivingdotca’s David Booth and Lorraine Sommerfeld debate: “Is it really ‘distracted driving’ when your cell phone is dead?”:
David Booth: We all know that distracted driving is dangerous. As dangerous as drunk driving, if the statisticians aren’t lying to us.
Except in British Columbia, it’s illegal to drive with two earbuds in. You are only allowed to have one. So, Grzelak could have been busted right there, before we even get to the device itself. Also, again without touching the dead battery issue, that handheld device is supposed to be in the owner’s pocket or securely fastened to the vehicle in a special cellphone holder. I’m guessing “tucked into a cubby in my Benz” is not a special holder.
RELATEDThe lamest excuses police hear for distracted drivingDriving Debate: Will autonomous cars help or hinder traffic? DB: Good one on the earbud issue, Lorraine. If that was what he was charged with, you wouldn’t be trying to explain to me why he was fined. Alas, justice seems to be both blind and stupid in this case.
But I digress. A little background on this case from a cop I know: at least here in Ontario, the police don’t have search authority to determine if the phone was charged or functional. Even a phone with no SIM card has a lot of apps that can be used. It’s virtually impossible for Grzelak to prove his phone was actually dead when he was pulled over.
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