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