clear cold dry
obs vehicle sb on blackcreek drive at stoplight
PC driving vehicle
look over to driver in vehicle
obs bright screen, black device above dash through passenger side window. there was tint on the window
obs male hitting the screen of the device
male looks at pc and rolls down the window
advise to male he cannot text while driving
male advising he is checking the time on his phone
advise will be stopping male
appoach vehicle single occupant
advise of stop
obs black device on passenger side seat
device samsung galaxy phone
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
Your story is all over the place. Was the phone in your hand or was it mounted?
Note that the Regulation says "a button" not "a button or buttons" or "one or more buttons." That would suggest a driver could hit a speed dial button, the send call or end call button, but could not, for example, dial a phone number.Exemption for Pressing Buttons
14. (1) A person may drive a motor vehicle on a highway while pressing a button on a hand-held wireless communication device to make, answer or end a cell phone call or to transmit or receive voice communication on a two-way radio if the device is placed securely in or mounted to the motor vehicle so that it does not move while the vehicle is in motion and the driver can see it at a quick glance and easily reach it without adjusting his or her driving position.
The problem is that the police who can be a car-lengths away, looking through your tinted windows can not discern what exactly is happening on your screen.
You can always argue in court, that you touched the screen to cancel an incoming call. Your evidence will be weighted a lot higher, from an arms-length away versus someone peaking through a tinted window in the middle of the night.
I highly doubt the prosecution would even proceed to trial, if the officer's notes had evidence that the device was securely mounted.
Their primary concern is for drivers who're physically holding the device in their hands.
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