Worst Distracted Driving Excuses

June 16, 2016, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

In Ontario it is illegal for drivers to talk, text, type, dial or email using hand-held cell phones and other hand-held communications and entertainment devices.  Distracted driving carries a fine of up to $490 if you settle out of court and up to $1000 if you get a summons or fight the ticket in court. Either way you'll face 3 demerit points and a nice insurance premium increase.

From the MTO website:

Examples of hand-held devices include:

• iPods
• GPS and MP3 players
• cell phones
• smart phones
• laptops
• DVD players

What's hands-free?

Any device that you do not touch, hold or manipulate while driving, other than to activate or deactivate it. For example, actions such as dialing or scrolling through contacts, or manually programming a GPS device are not allowed.

Police stop people daily for distracted driving, and in some parts of the country have resorted to long range photography, or dressing as pan handlers at intersections in order to catch people red handed. Despite all of the education campaigns and increased fines, police remain frustrated with the rate of distracted driving and the accidents resulting from it. Many people lie or argue with the Police who note that you aren’t helping yourself when you lie and become argumentative. Recently Driving.ca released a list of the excuses people give when stopped that I’ve reprinted here. You might like them:

• “I wasn’t texting, I was checking email.”
• “I don’t have my phone with me,” to the officer who heard a phone start to ring.
• “I’m only reading.”
• “It’s not a communication device, I’m using it as a radio.”
• “I was placing an important bet in Las Vegas on the UFC.”
• “I was just checking the time on my phone” — to the officer who noted a wristwatch on the driver and a clock on the car’s dash.
• “I’m from Toronto, I thought it was only a local law.” (Driving laws are set by the provinces across Canada.)
• “I thought I could use it at a red light,” to the officer who recorded the driver stopped at an intersection through two red-light cycles.
• “But I had it set to airplane mode,” to the officer who noted Ontario legislation says the device only has to be “capable” of transmitting, regardless of whether it is doing so while in use.
• “I wasn’t using the phone, I was only checking my GPS for navigation.” (Police say this is a frequent response.)
• “I wasn’t on my phone, I was holding it. I have to hold it. I can’t let it go.”
• “I have a new girlfriend and our song came on the radio, so I had to call her.”
•  “I was only looking at a photo. Drivers using their mobiles really annoy me.”
• “You only stopped me because I’m in a Porsche.”
• “It wasn’t my phone, it was my comb. I was doing my hair.” Or the similar: “I wasn’t on my phone, I was shaving.”
• “I was just phoning the school to tell them I’ll be late picking my son up.”
• “It was my boss on the phone — I had to answer it.” Police report similar “had to answer” excuses for girlfriend, boyfriend, mother, wife, husband, work — even wedding planner.
• “My Bluetooth died.”
• “I was just setting up my hands free.”
• “I’m only using my speakerphone,” to the police officer who replied: “No, you’re holding your phone in one hand and steering with the other.”
• “Sorry officer, I didn’t see you trying to pull me over because I was on my phone.”
• “I drive better than most people.”

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

The opinions expressed here, while intended to provide useful information, should not be interpreted as legal recommendations or advice.