C. Lawson

The defendant was charged with driving while holding or using a handheld communication device contrary to Section 78.1(1) of the Highway Traffic Act.

A University of Guelph police officer observed the defendant using an Apple watch while stopped at a red light on South Ring Road in Guelph.

The defendant claimed she was merely checking the time.

The court found that the defendant was distracted from driving as evidenced by repeated head movements observed by the officer over approximately 20 seconds, and that the Apple watch constitutes a handheld communication device not exempt under the legislation.

The defendant was found guilty and sentenced to a $400 fine with 90 days to pay.

The appellant appealed a conviction entered by a Justice of the Peace under section 9.1(1) of the Provincial Offences Act for an unsafe lane change contrary to section 154(1)(a) of the Highway Traffic Act.

The appellant did not attend trial and was deemed not to dispute the charge.

The appellant argued the certificate of offence was not complete and regular on its face because the officer used the outdated language "unsafe lane change" instead of the updated regulatory language "unsafe move - lane or shoulder" prescribed in Regulation 950.

The court dismissed the appeal, finding that the certificate provided effective notice of the offence when coupled with the correct section number and set fine, and that the regulatory language was permissive rather than mandatory.