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Montreal man gets fined for using cellphone while driving… tells court it was between his shoulder and ear

By on October 21, 2010 at 9:25am in Mobile News


Quebec banned using hand held devices while driving back in April of 2008. If convicted you’ll receive a fine of $115.00 plus be dinged 3 demerit points. Montreal resident Nicolas Perrette was nabbed by police on April 14th, 2009 using his cellphone and he finally appeared in court last week to defend himself.

Perrette stated that at the time he was caught he wasn’t actually holding his cellphone with his hands but it was between his shoulder and ear. In his mind this is still “hands free”. Municipal court Judge Martine Leclerc eventually convicted Perrette of the charge and said “adhering to the defendant’s case would go completely against the spirit of the law.”

Source: 24h

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  4. Sask. & B.C. join the cellphone ban while driving party

Discussion

15 comments for “Montreal man gets fined for using cellphone while driving… tells court it was between his shoulder and ear”

  1. Well… Good for him …i***t

    Like or Dislike: Thumb up 3 Thumb down 3

    Posted by Jp | October 21, 2010, 9:31 am
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  2. bloody fool

    Like or Dislike: Thumb up 4 Thumb down 2

    Posted by Rui | October 21, 2010, 9:42 am
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  3. Oh I didn’t see those kids they were too small, so that’s why I ran them over while talking on my cell phone.

    “Nicolas Perrette” the second time being caught by police with a cell phone

    Lol, are we in Canada or the US ?

    Like or Dislike: Thumb up 4 Thumb down 3

    Posted by MuRaNo | October 21, 2010, 10:47 am
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  4. If you’re using a phone, and driving, it’s against the law, PERIOD.

    The only loopholes would be the earpiece or talking via the speaker system of the car.

    Like or Dislike: Thumb up 2 Thumb down 1

    Posted by m1lk | October 21, 2010, 11:44 am
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  5. I actually dont like this law. Hate me or dislike me. My reason:-

    Now what people do is they are either holding it between legs, most of them try to text still while looking around and watching if cops are there, people now get distracted double because now they are not even using phone but on top of that they are trying to hide the phone.

    This law is actually not a good law. I see more and more people using phones now then they were before and people still do text but now they have to face triple the distraction..

    Now be a judge. Is it safe to use phone while driving or is it safer to use phone while driving and also trying to hide the phone and look out for cops?

    Like or Dislike: Thumb up 9 Thumb down 12

    Posted by 5Gs | October 21, 2010, 11:56 am
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    • how’s about “Don’t use it at all?”. There’s enough on the road to watch out for. If it’s that important then get a chauffeur

      Like or Dislike: Thumb up 6 Thumb down 2

      Posted by Rui | October 21, 2010, 12:14 pm

  6. He’s going to lose his argument, he was still using a cell while driving, that’s the law… well not in Alberta yet. I bet this guy’s philosophy was “I did it because I can”.

    Like or Dislike: Thumb up 2 Thumb down 1

    Posted by sookster54 | October 21, 2010, 1:08 pm
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  7. hahaha this is funny, kudos to him for taking it to court…I tend to agree with him however, this is no different from using a bluetooth device, next time he may be better off using an elastic band to tie it to his head

    Like or Dislike: Thumb up 6 Thumb down 1

    Posted by romes | October 21, 2010, 1:10 pm
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    • I don’t know about your jurisdiction, but in mine, the device must be attached to the vehicle, and able to be dialed or answered with a single touch, or by voice. His instance is very different from using a bluetooth device.

      However in my opinion, talking on the phone while driving is far more distracting than chatting with others in the car, in large part because of the expectations of the other party. The passenger can see what is happening, and understands lapses in conversation, the telephone caller on the other hand starts to ask: “Are you still there?”

      DAvid

      Like or Dislike: Thumb up 2 Thumb down 0

      Posted by DAvid | October 21, 2010, 4:03 pm

    • @romes,

      At least wth a Bluetooth headset (or even an elastic band) he could still look over his shoulder. Not as easy with a phone wedged in.

      Like or Dislike: Thumb up 0 Thumb down 1

      Posted by Doug | October 21, 2010, 9:30 pm

  8. So he broke the law.. with an excuse that doesn’t in any way help him. Yeeep.

    Like or Dislike: Thumb up 2 Thumb down 1

    Posted by Jordan | October 21, 2010, 1:21 pm
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  9. hahaha :) id10t

    Like or Dislike: Thumb up 1 Thumb down 1

    Posted by chall2k5 | October 21, 2010, 1:56 pm
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  10. The guy in the picture is not only using his cell phone but also has NO hands on the wheel! ;)
    Oh and this court case was decided before he stepped in the room, what a fool.

    Like or Dislike: Thumb up 2 Thumb down 1

    Posted by TrickyD | October 21, 2010, 3:58 pm
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  11. Who’s the d-bag dinging down all posts critical of this moron?

    Like or Dislike: Thumb up 0 Thumb down 0

    Posted by lol | October 22, 2010, 10:29 am
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