Driver Fined for Using Apple Watch
A Canadian woman has been fined for looking at an Apple smartwatch while at traffic lights. The court ruled it should be treated the same as checking a smartphone screen.
Victoria Ambrose was fined $400 CAD (just over $300 USD) for breaking local laws on distracted driving. A police officer noticed that she failed to move when the lights turned green and was instead looking at her watch, only moving when the officer shone a light at the car. (Source: bbc.co.uk)
She did not dispute that report, but said that she looked at the watch solely to check the time. She said it may have looked as if she was distracted because she had to tap the watch to bring up the clock display. The police officer said in fact she looked up and down at the watch around four times.
Driver Says Watch Was Exempt From Laws
Prosecutors argued that her actions constituted operating a "handheld wireless communication device while driving", something which broke the law even though the vehicle was stationary at the lights.
Ambrose disputed that argument on two grounds. Firstly, she said she because only used the watch to check the time, it should be treated in the same way as wearing an ordinary wristwatch, particularly as it wasn't wirelessly paired with her phone at the time.
Secondly, she said that even if the watch was classified as a communication device, it should come under an exemption from the law that covers "securely mounted" devices. This normally refers to phones and GPS devices being mounted on a dashboard or screen.
Judge Says Driver Clearly Distracted
The judge rejected Ambrose's claims, saying the watch did count as a communication device and describing it as "no less a source of distraction than a cellphone taped to someone's wrist."
He also said that the key to the case was Ambrose's behavior, ruling that "It is abundantly clear from the evidence that Ms. Ambrose was distracted when the officer made his observations." (Source: nationalpost.com)
What's Your Opinion?
Was the judge's verdict right? How should distracted driving laws deal with electronic devices worn on the wrist? Can driving laws keep up with technology or is it more important to concentrate on whether gadgets actually cause distraction in a specific case?
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Comments
She deserves to be fined
One thing not mentioned in this case is that there is a clock in every car made since as long as I can remember. Why didn't she use the car's clock to check the time? If checking the time on a smart watch requires that you have to navigate through a tiny screen just to find what you're looking for, there is something wrong with that. I don't buy her argument one bit.
I agree, she should be fined.
She's a liar.
Car clock
You were just ahead of me, regarding the car clock notion, which I was about to mention. Sounds like a very lame excuse to me, when all she had to do was look at the dashboard. That's what it's for. I drive for a living and you would not believe the amount of fiddling with gadgets (including actually watching a DVD player!), putting on make-up, drinking, smoking (illegal here in the UK in commercial vehicles), plugging in headphones (of ALL things!), etc; that I see on a daily basis, with the offending cars either weaving to and fro, not keeping up with the traffic or narrowly avoiding rear-end collisions. It just goes on and on and there's never a police car around when you want one! If I see something happening like that, putting everyone at risk, involving a marked or sign-written vehicle, I'm not averse to calling the company concerned with the registration number and reporting the driver. I feel a bit of a snitch sometimes but lives are at risk when I see some of the antics that many commercial vehicle drivers get up to. Hand-holding phones or other gadgets would probably rate as the worst thing ever! Totally illegal but a lot of drivers still think they're bomb-proof and won't get caught. A fine was thoroughly deserved in this case!
Very dangerous for public safety
I totally agree that she is a liar. I do not condone the behavior of anyone driving while at the same time talking on a smart phone, sending a short text message or anything else for that matter. This is really dangerous for the public safety and for her own safety. Even if she was stationary at the traffic lights, but she did not realize that the lights have turned green. She definitely deserved the fine..
The Law is an Ass
Looking at a watch should not result in a $500 ticket and points on your licence.
Did the Officer prove the watch was linked to the phone?
All he said was she was looking down and did not take off when the light turned green.
The justice of the peace is an ass as well. A watch secured to the wrist is just as secure as something screwed to a dash. If a cell phone was taped to a wrist and somebody looked at it to tell the time why should that result in a fine.
The Laws in Ontario are draconian. The burdon of proof for the police to receive a conviction is ridiculously low.
I hope this woman appeals.
As to all you people who say she is lying do you know the model of car she was driving?
I have a display in my car that can sow the time or can show other information. If it s not showing the time I have been known to look at my watch.
As to the not responding to the green there is not near enough information presented to convince me she was distracted.
Troll?
Comments sound suspiciously troll-ish. Didn't anyone notice the actual law applied in this case? "Breaking local laws on distracted driving". Kept looking at watch (immaterial whether it was a "communications device" or not). Distracted enough to miss traffic light change, therefore breaking law. Simple. Fined for not concentrating on driving. I fail to see a problem with this. Case closed.
Davolente:
Davolente:
Troll ? Not really but I do have some very strong opinions on the traffic laws of Ontario. Traffic court in Ontario is akin to the stalin show trials of the 1930's.
The governmnet has manipulated the laws so that it is almost impossible to fight and win.
Also do a bit more reasearch , she was not fined for not concentrating on her driving
" She was pulled over and charged with using a hand-held communication device while driving. This charge is based on the Highway Traffic Act 78.1, which prohibits anyone from driving a vehicle while holding or using a handheld wireless communication device.
Read more at MobileSyrup.com: University of Guelph student fined for using Apple Watch while driving"
I don't know what whos phones can do maybe she was playing a video game or looking at porn, I don't care. The cop did not see that , his burden of proof is very low. She says the watch was not connected to the phone, Her word should be as good as his unless he has some stronger evidence than saying he say her look down.
Basically anyone with a watch that can communicate with a phone could be charged.
And no I do not particularly trust the police. If you are pulled over and the cop has an issue with you just one more thing he can use against you.
Yes, but....
I will agree that she was probably doing more than checking the time on the watch. However, "probably" does not meet the standard of beyond reasonable doubt. The burden of proof is on the state, and I don't think they met that burden in this case.
FWIW, the clock in my car (a 2018 model) is not displayed unless the radio/information system is turned on, and it is not, all the time. Goes again toward reasonable doubt unless the state can show that her car's clock was on at the time she was charged with the offense.
Again, do I think she was doing something illegal? Yes, I do. I just don't think the state proved it beyond a reasonable doubt.
Laws and rules
The lawyer she had was a fool.
Unfortunately, she would have had to pay $500 for a decent one anyway but would have avoided points and increased insurance.
Rules regarding distracted drivers are a waste of ink as evidenced by many accidents.
Drivers need to know their own limits and drive accordingly.
Driving is a privilege and a grave responsibility.
Being slow to react to a green light is no reason for a ticket.
(I wonder if the impatient cop was from NYC?).
Not enough evidence!!!
Most of the time I see people driving badly, sitting at green lights, etc, they are on their phone (illegally, at least here in Cali). I hate it! That being said, this woman could have been looking at the time. I've seen people totally distracted looking at their analog watches. The law either needs to be very specific, about the device and mounting and the rest, OR just say you can't be distracted by anything that impairs your driving in any way! Of course that would make having kids in the car without a non-driver watching them illegal!
Ontario kangaroo court is
Ontario kangaroo court is common in small towns. In one little LA town near me, upon opening court, the judge let everyone know that if they were contesting an officer's statement, evidence would be needed as he would take the officer's word as a truth out the gate. Need less to say, many offenders just pleaded guilty to traffic tickets and paid their fine.
Should the lady have been fined? Of course. She was distracted enough to miss the traffic control device changes, no matter the cause. Maybe the officer saw something else, but didn't have enough to get her and missing the light sealed the deal.
I think the distracted driving laws should get more general and include ANYTHING that distracts the driver, whether it is a phone, smart watch, eating, smoking, messing with children, reading, etc, etc.
In my area, people get in the fast lane and drive slow so they can text uninterrupted by right lane entrance and exit traffic. People wanting to get around them want to go faster and don't usually slow down in front of the texter. All it does is create a traffic flow problem and a little road rage. Nothing good in that.