PINCOURT – A driver from Pincourt is $120 poorer and 4 demerit points richer thanks to his Apple Watch.
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Jeffrey Macesin claims he was pulled over as he was attempting to change songs with the electronic device.
READ MORE: Using a smartwatch while driving could result in a distracted driving ticket
He claims the officer ticketed him under the same Quebec Highway Safety Code violation that prevents drivers from using a handheld device while on the road.
“I told him I’d see him in court because I thought it was ridiculous,” Macesin told Global News.
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The dispute has reignited the issue of whether the watch is considered a handheld device.
The experts are divided.
“I don’t think the courts will see a difference between having your phone in your hand or on your hand,”explains lawyer Eric Lamontagne.
While lawyer Avy Levin has a different stance.
“The watch itself can’t make calls so I think they’re going to have a problem in court,” said Levin.
“I’m not so convinced he broke the law as drafted.”
A similar debate erupted in the past after a California driver was pulled over for wearing the Google Glass.
rachel.lau@globalnews.ca
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