A B.C. man has been found guilty of distracted driving for wearing his earbuds behind the wheel, even though his phone was out of battery and properly stored in the centre console of his vehicle.
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According to Vancouver lawyer Paul Doroshenko, the crux of the problem was the fact that Grzelak’s earbuds were connected to his phone and that he was wearing them when he was stopped.
“The issue here came down to whether or not having the earbuds in constituted having the phone in a manner in which it could be used,” he said. “Ultimately in this decision, the judge came to the conclusion that having the earbuds in your ears is an extension of using the phone.”
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