P.E.I. man fined for holding cellphone while driving

CHARLOTTETOWN, P.E.I. — Driving previous a police officer whereas holding a cellphone has led to a conviction and a $550 high-quality for a P.E.I. resident.

Soroush Motallebi, 23, beforehand pleaded not responsible to a cost below the Freeway Visitors Act and had a trial in provincial court docket in Charlottetown on Nov. 1. The cost alleged that Motallebi drove a motorized vehicle whereas holding or utilizing a hand-held wi-fi communication system.

Holding a cellphone

Const. Lorenz Sanders of the P.E.I. RCMP testified that on Sept. 28 at round 4:30 p.m., he was concerned in a visitors cease on Grafton Road in Charlottetown close to Holland School. A tow truck driver, who was additionally on the scene, mentioned to Sanders “take a look at this” as a white Kia pushed by Motallebi approached. Motallebi handed by the visitors cease on the identical aspect of the street holding a cellphone in his proper hand close to his face. 

Sanders pulled over Motallebi and issued a abstract offence ticket of $500 plus a $50 surcharge.  

Sanders mentioned Motallebi was upset with the value of the ticket, after which requested the officer how he was supposed to make use of “maps” if he could not maintain a cellphone. Sanders mentioned he advised Motallebi there have been different choices, comparable to CarPlay, however holding a cellphone whereas driving was prohibited.

Adopted RCMP officer to Stratford

After the visitors cease, Sanders drove throughout the Hillsborough Bridge after which onto Kinlock Street in Stratford. Sanders then observed Motallebi following shortly from behind. Sanders turned onto a aspect avenue after which looped round so he was face-to-face with Motallebi, who additionally turned onto the road.

Motallebi pulled subsequent to the RCMP car and mentioned he could not learn the ticket as a result of the textual content was too small, mentioned Sanders, who responded that if that was the case, then Motallebi should not be driving in any respect. 

Ticket quantity half of checking account

Motallebi represented himself on the trial. He mentioned he had a clear driving document for the previous 5 years, aside from one dashing ticket. He denied the cost and disputed the officer’s testimony as to the color of the cellphone’s casing. With respect to the remark about “maps”, Motallebi mentioned he was referring to how “somebody” generally may use maps with out holding a cellphone and never specifying himself when he drove by the officer. 

Motallebi added that he was in shock when he acquired the $550 ticket, which was half the quantity of the cash in his checking account. He additionally took the matter personally and adopted the officer as a result of he wished extra of a proof as to why he was ticketed. 

Utilizing cellphone second time

Motallebi additionally denied that he was driving quick when following Sanders to Stratford. He mentioned that he could not have been driving quick due to visitors on the Hillsborough Bridge. To show his level, Motallebi took an image together with his cellphone (in a spot holder) of Sanders’ RCMP car additionally stopped in visitors on the bridge. 

“Do you perceive that’s utilizing a cellphone whereas driving?” requested Crown legal professional Emily Campbell, who reminded Motallebi that taking an image with a cellphone in visitors despite the fact that the car was stopped was additionally a violation of the Freeway Visitors Act. 

Regardless, Chief Choose Jeff Lantz mentioned that a part of Motallebi’s story wasn’t related since he wasn’t charged with a driving offence on the bridge. 

Campbell additionally famous that the offence is harmful and sometimes in comparison with impaired driving. 

Discovered responsible

Lantz discovered Motallebi responsible of the cost. The decide defined that holding or utilizing a cellphone whereas driving was prohibited, aside from emergency personnel (comparable to ambulance drivers, law enforcement officials and hearth division drivers) or when somebody must contact emergency personnel. Drivers can even use a cellphone when their motorized vehicle is off the roadway and never in movement or lawfully parked on the roadway. 

Motallebi had a parting request for Sanders – that as a police officer, he mustn’t have “any particular perspective in the direction of anybody”. 

Motallebi has till July 1 to pay the high-quality.

Terrence McEachern is a justice reporter with the SaltWire Community in Prince Edward Island. He may be reached by e-mail at [email protected] and may be adopted on Twitter @terry_mcn.