A Vancouver Island man escaped a distracted driving ticket thanks to software on his phone that he claimed made it unusable in a moving vehicle.
Patrick Tannhauser was ticketed for using his phone while driving outside of Victoria in August 2017, according to court documents.
Vancouver lawyer Paul Doroshenko said the Tannhauser decision is the first time he has ever heard of an app getting a driver out of a ticket.
He said it illustrates how unsettled rules are when it comes to distracted driving because past cases have found simply handling a phone is enough to warrant a ticket.
“It goes against the prevailing decisions that are out there,” Doroshenko said. “It’s the court trying to sort out what it means.”
But, Doroshenko adds, it’s not guaranteed the decision will hold up on appeal.
He suspects the provincial government will be looking at this ruling with great interest.
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