|Phoning at the wheel can lead to these sorts of mishaps|
Up until Michael Laucke entered the pic, the belwether decision was that which found Constantino Chadjiioannou guilty of a cell-at-the-wheel violation even though he pulled his car over on Acadie Boul. to make his call on Feb. 10, 2010 at 4:15 p.m.
Chadjiioannou felt that he was within his rights to jibber-jabber on the blower after he had pulled his car over.
So Chadjiioannou fought the ticket but to no avail.
Justice Gilles Ouellet upheld the $80 fine on Aug. 30, 2012.
The judge noted that the parking lane is part of the road and that regardless of whether you're stopped or not, you're still technically driving, just as if you're waiting for a red light.
Michael Laucke, a well-known jazz guitarist with a fantastic umlaut in his first name that I can't quite replicate on this keyboard, was ticketed for doing the same thing at a spot around Girouard and Sherbrooke on Jan. 12, 2012.
Laucke contested his talking-while-parking ticket, issued by an officer Ethier, and his case was heard by the very same judge on Dec. 3, 2012.
But this time Ouellet decided that Laucke should not get a ticket, apparently because his parking space was more legit.
It seems Chadjiiouannou had pulled over in a lane that could be used for parking or driving, whereas Laucke's spot was in a place that was never used for driving.
So Laucke was acquitted for doing something very similar to what the same judge had deemed illegal only three months earlier.
One might imagine that Chadjiioannou might've been acquitted too because his offense appears to have been more along the lines of a no-stopping, or no parking infraction, tickets he did not receive.
Also in December, another judge acquitted a man who had received a ticket because he picked up a phone while sitting the passenger seat. The officer ticketed him on the logic that the car belonged to him, which doesn't make much sense and the judge agreed and wiped it out.