Using cell phone while driving leads to fine

Nearly colliding with a police vehicle while using a cell phone and driving has resulted in a conviction for a P.E.I. driver.

Jaspreet Singh, 23, previously pleaded not guilty to the charge under the Highway Traffic Act for driving while holding or using a wireless communication device. Singh’s trial was scheduled for May 17 in provincial court in Charlottetown, but he didn’t show up. The trial went ahead in Singh’s absence.

Crown attorney Lisa Goulden called Cpl. Shaun Coady of the P.E.I. RCMP to testify.

Coady told the court that on Jan. 26 at around 8:30 p.m., he was driving southbound on Riderside Drive in Charlottetown towards the Hillsborough Bridge intersection. He noticed a vehicle in front of him swerving back and forth in its lane and at first suspected the driver might be impaired by drugs or alcohol.

Coady then saw the vehicle drift and brush up against the road’s median just prior to the first of two roundabouts. Coady said he continued to follow the vehicle. He was able to drive beside it in the right lane as both vehicles went through the second roundabout. Coady said the driver - Singh – was alone in the vehicle. When Coady looked through the passenger’s side window, he could see Singh’s face lit up from the cell phone he was holding in his right hand and touching the screen with his left hand.

“Was there any hands on the steering wheel?”, asked Goulden.

“It did not appear there was a hand on the steering wheel,” replied Coady.

As they continued driving down Riverside Drive, Singh’s vehicle drifted into Coady’s lane, and the police officer had to hit the brakes and pull further to the right to avoid a collision.

Coady then activated the police vehicle’s overhead emergency lights. Coady noted that Singh did stop; however, rather than pull over to the right of the road, Singh stopped in the centre lane just before the intersection of Riverside Drive and the approach to Hillsborough Bridge. When Coady approached the vehicle, he saw Singh’s cell phone on the passenger’s seat. Singh told Coady that the cell phone had rang while he was driving. Even so, Coady gave him a ticket for using the cell phone while driving.

He was also issued a warning for driving with motor vehicle expired registration. Singh had a valid P.E.I. driver’s licence.

Goulden noted there are exceptions for driving and using a cell phone at the same time for emergency personnel or anyone reporting an emergency, but none of that was the case with Singh. Goulden said the minimum fine for the offence is $500 when someone pleads guilty. Given that Singh pleaded not guilty as well as the evidence presented at trial and the danger Singh posed to the public that night, she requested a higher fine.

Chief Judge Jeff Lantz fined Singh $700 for the driving offence plus a $50 surcharge.