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ARTICLE · 11 MARCH 2019

Case Summary: R v Ahmed

Charges for distracted driving were widened in scope by including cell and smart phones in the definition of "hand held electronic" and "wireless electronic" devices in the Traffic Safety Act.

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Charges for distracted driving were widened in scope by including cell and smart phones in the definition of “hand held electronic” and “wireless electronic” devices in the Traffic Safety Act.

R v Ahmed, 2019 ABQB 13, per Henderson, J. [4302]

FACTS AND ISSUES:

The Respondent Ahmed, was holding a cell phone in his hand while operating a motor vehicle. He would alternate between looking at the road and his phone, and on this basis was stopped by a police officer and charged with “distracted driving” contrary to s 115.1(1)(b) of the Traffic Safety Act, RSA 2000, c T-6, Section 115.1 provides as follows:

115.1(1)  Subject to this section and the regulations made under section 115.5, no individual shall drive or operate a vehicle on a highway while at the same time

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