A B.C. driver who was wearing earbuds connected to a dead cellphone located in the centre cubby hole of his dashboard has been found guilty of distracted driving.
Judicial Justice Brent Adair found that even if Patrick Henry Grzelak’s iPhone was stowed away from him, the battery was dead and no sound was coming through the earbuds, he was still using his phone.
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“If he hadn’t had two earbuds in and hadn’t extended the phone to include everything that went into his ears, he would have been fine. It was the addition of the earbuds that put it over the edge,” Vancouver-based lawyer Kyla Lee said.
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