“The phone … wasn’t in the suspect’s hands, or at his lap,” wrote Adair. “But that isn’t the end of the situation.”
Police pulled over patrick Henry Grzelak while driving his new automobile from Surrey, British Columbia at 2018. He wore earbuds. The police gave him a ticket for using a phone while driving. Grzelak fought with the ticket, arguing that he not used the telephone. It was dead and in the glove compartment. Court documents agreed:”The phone battery was dead. The screen wasn’t illuminated, no music, no conversation or anything else has been coming through the earbuds.” The judge found Grzelak guilty.
From The Guardian:
Likening the activity of plugging headphones into a telephone to connecting a keyboard to a computer, Adair decided that the computer keyboard”would then be part of the electronic device”.
Adair concluded that by”hammering the earbud wire into the iPhone, the suspect had expanded the apparatus” meaning that the iPhone was not just the handheld device, but also — by extension — the attached cans.
In a decision that reads more like a philosophical treatise than a traffic court ruling, Justice Brent Adair analyzed what it means to”use” a phone under the law.