The defendant, Roberto Russo, was charged with driving while holding a handheld communication device under the Highway Traffic Act.
He pleaded not guilty, asserting the defence of necessity.
Russo, a diabetic, testified that he used his cell phone to check his blood sugar via an implanted sensor and an app (LibreLink) after receiving an urgent alert and feeling unwell, while stopped at a red light.
The court found both the officer and the defendant credible.
While the statutory exemptions for device use did not apply, the court found that Russo successfully established the common law defence of necessity.
The court determined there was clear and imminent peril to his well-being, no reasonable legal alternative given the urgency of a diabetic event, and that the harm avoided (potential incapacitation while driving) was proportional to the harm inflicted (brief phone use while stationary).
The charge was dismissed.
