Justice M.J. Epstein ruled in Provincial Appeal Court this last week that a woman who was driving while using her cell phone was not using a hands-free device, nor using a device in hands free mode as the legislation contemplated in Ontario.
The driver was spotted last summer in Cambridge driving with her phone between her shoulder and her ear. The police pulled her over and ticketed her for distracted driving. As Justice Epstein stated,
"It is my view that this is exactly the type of distraction sought to be eliminated by the legislation It is my view that ‘hands-free mode’ is this age of digital technology does not simply mean without hands."
A hands free device refers to a design adaptation that allows a device to be used without being held or requiring the operator to physically enter data.
It is important to remember that the use of any device while driving is distracting.