Driver was 'holding' cellphone even though hands were free, B.C.'s top court rules in distraction case
British Columbia's highest court has upheld the distracted driving conviction of a man who insisted his cellphone was merely wedged between his thigh and car seat when he was stopped by police.
Zahir Rajani argued that because he wasn't holding the device in his hands, he shouldn't have been dinged with a distraction ticket, and ultimately fought his conviction all the way to the B.C. Court of Appeal.
A three-judge panel dismissed the appeal on Tuesday, in a ruling that experts say strengthened the province's already tough distracted driving laws.
"Now we have real clarity about what it means to hold, or use, electronic devices while driving," lawyer Sarah Leahmon told CTV News.
"It extends it beyond simply holding it with your hands to perhaps propping it up with another body part."
The officer who pulled Rajani over said he had spotted the driver looking down behind the wheel. After approaching the vehicle, the officer said he saw a cellphone in Rajani's lap and issued him a distraction ticket.
The driver fought the fine in traffic court, where he admitted he had looked down but disputed the officer's description of how his phone was positioned.
The first judge to hear the case determined it didn't matter whether the cellphone was in Rajani's lap or wedged between his thigh and the seat because it was also plugged into a charger, and that was enough to constitute being in "use" under the Motor Vehicle Act.
The B.C. Supreme Court justice who heard Rajani's first appeal disagreed that simply having a phone plugged in – as opposed to actively plugging one into a charger – counts as use, but still upheld the conviction.
"She concluded that, even on Mr. Rajani's evidence, the phone was being supported in a way that permitted its use," Tuesday's appeals court ruling reads. "She found that Mr. Rajani's leg placement impacted the phone's position such that it was being 'held' within the meaning of the Act."
A narrow interpretation of what it means to hold a cellphone would let drivers "operate their vehicles with electronic devices in their laps, between their thighs, tucked under their arms or chins, or supported by other parts of their bodies," the justice said.
The appeals court panel agreed, quoting the definitions of "hold" from the Oxford English Dictionary, Merriam-Webster Dictionary, and Cambridge Dictionary in its decision to support a broader interpretation.
CTVNews.ca Top Stories
Indian envoy warns of 'big red line,' days after charges laid in Nijjar case
India's envoy to Canada insists relations between the two countries are positive overall, despite what he describes as 'a lot of noise.'
Stormy Daniels describes meeting Trump during occasionally graphic testimony in hush money trial
With Donald Trump sitting just feet away, Stormy Daniels testified Tuesday at the former president's hush money trial about a sexual encounter the porn actor says they had in 2006 that resulted in her being paid to keep silent during the presidential race 10 years later.
U.S. paused bomb shipment to Israel to signal concerns over Rafah invasion, official says
The U.S. paused a shipment of bombs to Israel last week over concerns that Israel was approaching a decision on launching a full-scale assault on the southern Gaza city of Rafah against the wishes of the U.S.
Former homicide detective explains how police will investigate shooting outside Drake's Bridle Path mansion
Footage from dozens of security cameras in the area of Drake’s Bridle Path mansion could be the key to identifying the suspect responsible for shooting and seriously injuring a security guard outside the rapper’s sprawling home early Tuesday morning, a former Toronto homicide detective says.
Northern Ont. woman makes 'eggstraordinary' find
A chicken farmer near Mattawa made an 'eggstraordinary' find Friday morning when she discovered one of her hens laid an egg close to three times the size of an average large chicken egg.
Susan Buckner, who played spirited cheerleader Patty Simcox in 'Grease,' dead at 72
Susan Buckner, best known for playing peppy Rydell High School cheerleader Patty Simcox in the 1978 classic movie musical 'Grease,' has died. She was 72.
Jeremy Skibicki has 'uphill battle' to prove he's not criminally responsible in Winnipeg killings: legal analysts
Accused killer Jeremy Skibicki could have a challenging time convincing a judge that he is not criminally responsible for the deaths of four Indigenous women, a legal analyst says.
Bye-bye bag fee: Calgary repeals single-use bylaw
A Calgary bylaw requiring businesses to charge a minimum bag fee and only provide single-use items when requested has officially been tossed.
Alcohol believed to be a factor in boating incident after 2 men die: N.S. RCMP
Two Nova Scotia men are dead after a boat they were travelling in sank in the Annapolis River in Granville Centre, N.S., on Monday.