Man fined for holding cell phone while driving
Soroush Motallebi has until July 1, 2023 to pay a $550 fine
Driving past a police officer while holding a cellphone has led to a conviction and a $550 fine for a P.E.I. resident.
Soroush Motallebi, 23, previously pleaded not guilty to a charge under the Highway Traffic Act and had a trial in provincial court in Charlottetown on Nov. 1. The charge alleged that Motallebi drove a motor vehicle while holding or using a hand-held wireless communication device.
HOLDING A CELLPHONE
Const. Lorenz Sanders of the P.E.I. RCMP testified that on Sept. 28 at around 4:30 p.m., he was involved in a traffic stop on Grafton Street in Charlottetown near Holland College. A tow truck driver, who was also at the scene, said to Sanders "look at this" as a white Kia driven by Motallebi approached. Motallebi passed by the traffic stop on the same side of the road holding a cellphone in his right hand near his face.
Sanders pulled over Motallebi and issued a summary offence ticket of $500 plus a $50 surcharge.
Sanders said Motallebi was upset with the price of the ticket, and then asked the officer how he was supposed to use "maps" if he couldn't hold a phone. Sanders said he told Motallebi there are other options, such as Carplay, but holding a cellphone while driving was prohibited.
FOLLOWED RCMP OFFICER TO STRATFORD
After the traffic stop, Sanders drove across the Hillsborough Bridge and then on the Kinlock Road in Stratford. Sanders then noticed Motallebi following quickly from behind. Sanders turned onto a side street and then looped around so he was face-to-face with Motallebi, who also turned onto the street.
Motallebi pulled next to the RCMP vehicle and said he couldn't read the ticket because the text was too small, said Sanders, who responded that if that was the case, then Motallebi shouldn't be driving at all.
TICKET AMOUNT HALF OF BANK ACCOUNT
Motallebi represented himself at the trial. He said he had a clean driving record for the past five years, except for one speeding ticket. He denied the charge and disputed the officer's testimony as to the colour of the phone's casing. With respect to the comment about "maps", Motallebi said he was referring to how "someone" in general could use maps without holding a cellphone and not specifying himself when he drove by the officer.
Motallebi added that he was in shock when he got the $550 ticket, which was half the amount of the money in his bank account. He also took the matter personally and followed the officer because he wanted more of an explanation as to why he was ticketed.
USING CELLPHONE SECOND TIME
Motallebi also denied that he was driving fast when following Sanders to Stratford. He said that he couldn't have been driving fast because of traffic on the Hillsborough Bridge. To prove his point, Motallebi took a picture with his cellphone (in a place holder) of Sanders' RCMP vehicle also stopped in traffic on the bridge.
"Do you understand that is using a cellphone while driving?” asked Crown attorney Emily Campbell, who reminded Motallebi that taking a picture with a cellphone in traffic even though the vehicle was stopped was also a violation of the Highway Traffic Act.
Regardless, Chief Judge Jeff Lantz said that part of Motallebi's story wasn't relevant since he wasn't charged with a driving offence on the bridge.
Campbell also noted that the offence is dangerous and often compared to impaired driving.
FOUND GUILTY
Lantz found Motallebi guilty of the charge. The judge explained that holding or using a cellphone while driving was prohibited, except for emergency personnel (such as ambulance drivers, police officers and fire department drivers) or when someone needs to contact emergency personnel. Drivers can also use a cellphone when their motor vehicle is off the roadway and not in motion or lawfully parked on the roadway.
Motallebi had a parting request for Sanders – that as a police officer, he should not have "any special attitude towards anyone.”
Motallebi has until July 1 to pay the fine.