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The Courts Transportation Canada Music Technology

Man Caught Wearing Earbuds With a Dead Phone Found Guilty of Distracted Driving (www.cbc.ca) 310

Freshly Exhumed writes: RCMP officers spotted a man driving with earbuds plugged into his iPhone. The phone was not in his hands nor on his lap, was not playing music or video, and the driver was not using it to talk to someone or navigate. The battery was, in fact, completely dead. Nonetheless, a judge has ruled that "by plugging the earbud wire into the iPhone, the defendant had enlarged the device, such that it included not only the iPhone (proper) but also attached speaker or earbuds," he wrote. "Since the earbuds were part of the electronic device and since the earbuds were in the defendant's ears, it necessarily follows that the defendant was holding the device (or part of the device) in a position in which it could be used, i.e. his ears." On the question of the battery, the judge said he relied on a 2015 precedent set in a Canadian provincial court, which says that holding an electronic device in a position where it could be used constitutes an offense, even if it is temporarily not working.
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Man Caught Wearing Earbuds With a Dead Phone Found Guilty of Distracted Driving

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  • by JBMcB ( 73720 ) on Wednesday April 10, 2019 @07:48PM (#58418240)

    "If you go to where there's a bunch of ice cream and then you don't come back, you haven't actually gotten ice cream, you've just gone where ice cream is.."

    I guess watching TV that isn't turned on is still watching TV, then.

  • His hearing was partially impaired by the earbuds.

    Lock him up and throw away the digital key.

    • by iCEBaLM ( 34905 )

      Ok, but turn the radio all the way up and it's legal?

      • Ok, but turn the radio all the way up and it's legal?

        More important, be deaf and it is legal. How can not being able to hear be a crime if not being able to hear is optional to get a driver's license?

        • No matter what condition your body is in, you should do your best to pay attention to the road and keep other people safe (what you do to yourself doesn't matter that much).

          A deaf person and a hearing person should both use all of their available senses.

          • A deaf person and a hearing person should both use all of their available senses.

            Ok. But not using one of your senses is not "distracted", it's "impaired". Nobody is convicted of distracted driving when they drive drunk, for example.

            Convicting someone of distracted driving when they are actually guilty of impaired driving is not how the law is supposed to work. Otherwise, why do we have so many different laws? Why not just convict people of "breaking some law", instead of being required to specify what law is being broken? The judge could have changed the charges and been spot on, bu

        • by kenh ( 9056 )

          Simple, a deaf person driving a car knows of their disability and accounts for it by being extra vigilant in checking mirrors, looking around while driving. A hearing person, rocking out to some righteous tunes, doesn't realize they can't hear what's going on around them and change their driving behavior.

        • by dryeo ( 100693 )

          Actually, I believe the way the law is written, being deaf would not be a defence against having earbuds in both ears.

      • Sorry, my radio only goes up to 11

      • Exactly this. While one could argue this might interfere with your ability to hear external sound, but so do many other things so it just creates a stupid special case.

        Worse is the prohibition for cyclist who can't even listen to music legally, or just with one ear (no way).

        Let people be responsible for themselves and ensure they can fully drive their car --- they will be accountable for any accident or dangerous driving in any case.

        I'd like to be able to use both my earphones at a low level, which lets

      • by dryeo ( 100693 )

        That's how the law is written. Perhaps the Legislature needs to revisit the law.

  • by byteCoder ( 205266 ) on Wednesday April 10, 2019 @08:05PM (#58418344) Homepage

    In many jurisdictions, wearing headsets while driving is illegal (and has been for many years, even before cell phones).

    The RCMP Reminds Canadians That You Can Be Fined For Wearing Earphones While Driving [narcity.com]

    AAA Driving Laws: Headsets [aaa.com]

    • by SuperKendall ( 25149 ) on Wednesday April 10, 2019 @08:34PM (#58418486)

      What is the difference between having headphones in which nothing is playing, and earmuffs, or a hat that covers your ears?

      In most modern cars you aren't hearing the outside really well unless the windows are opened, absurd that headphones with nothing playing are considered a problem.

      • Earmuffs and hats aren't placed in the ear canals like ear buds (like the driver was using).

        Even with side-impact air bags, I'm sure there could be a lot of damaged caused by them in an accident.

        • I'm sure there would be a lot of damage caused by wearing large earrings when a side impact airbag deploys.

          Same goes for glasses too.

          What's your point exactly?

      • I'm with the judge on this one. The idea of not wearing earbuds is stupid as people who are deaf aren't barred from driving and neither are people who have loud cars, drive around in 2nd gear at 4k rpm, etc.

        However the defense of "it wasn't on I sware" is a shitty one so the legal hoops that were jumped through seemed to make perfect sense. The distraction in this case isn't from listening to music, it's from ... *oooh I like this song, unlock phone with fingerprint, click spotify, click the bar at the bott

  • Is he lying? (Score:4, Informative)

    by psnyder ( 1326089 ) on Wednesday April 10, 2019 @08:25PM (#58418440)

    His iPhone was in the centre cubby hole on his dashboard, with the earbuds plugged in. The battery was dead.

    I wonder if the judge thinks this defense is bullshit. i.e. Why are 2 earbuds in his ears, while driving in the first place? If the phone was dead when he got into the car, why did he put the phone in the centre cubby, but keep both earphones in his ears?

    Maybe the judge was thinking, "Do we let distracted drivers use the dead battery defense? Or do we counter bullshit defense with bullshit legal reasoning?" Slippery slopes both ways.

    The TFA perhaps states the best compromise for the moment:

    B.C. RCMP say 1 earbud is fine, but wearing 2 can land you a $368 fine.

    This isn't bad, especially since wearing 2 earbuds can lower the volume of what you can hear outside of the car, even without audio playing.

    • Maybe the judge was thinking, "Do we let distracted drivers use the dead battery defense?

      Well, if the battery is dead, why not? And more important, if the device is NOT BEING HELD AT ALL, then that's the only "defense" necessary.

      At least in Oregon. The law here is that hand-free operation is permitted. This was a case of hands-free operation, whether the battery was dead or not.

    • by N1AK ( 864906 )
      It wouldn't surprise me if the judge thought the dead battery was a dubious way of dodging the charge, but I don't see that as a valid justification for intentionally distorting the law in response. My concern with interpretations like this is that they tend to go against the individual. We have extensive protections on physical documents and being compelled to give evidence against yourself, but many jurisdictions have interpreted these as not applying to digital documents and passwords. In this case someo
  • Listening to music while driving is fine and has been for years. You can't just quietly stare at the road on long highway drives, you will zone out. So you listen to music, watch the scenery or speed to keep your attention from drifting.

    If I pair the phone and blast music to max, I am OK. If I use headphones because my car is too old to pair reliably - I am breaking the law. Doesn't make any sense.

    Sure, throw a book at someone texting, but what they are doing is criminalizing normal behavior, in effect n
  • Does "use" extend to passively listening?

    I don't think I've ever seen the word "use" cover this before.

  • Comment removed based on user account deletion
  • by Murdoch5 ( 1563847 ) on Wednesday April 10, 2019 @09:37PM (#58418720) Homepage
    If having earbud in, even if the phone is dead, constitutes distracted driving, then by having the phone in the car to begin with, you'd be guilty. In fact if this logic follows then by having any item in the car, that's not solely for the purpose of driving that car, you're breaking the law.
    • by ceoyoyo ( 59147 )

      No, the law is quite specific. It applies only to electronic devices that have a telephone or e-mail function, and they have to be "held in a position in which they could be used". So you're probably okay having your phone in the car if it's out of reach or you can't see it. That smartwatch on your wrist is illegal though.

      It's a poorly written law. Judges are supposed to exercise common sense when they encounter such things.

  • by fgouget ( 925644 ) on Wednesday April 10, 2019 @09:54PM (#58418784)
    Working or not earbuds block sound thus limiting the driver's ability to perceive his environment which makes it dangerous driving.
  • Formulating an activist ruling based on something they have exactly ZERO grasp of.

  • The guy should have been convicted, but the logic used is defective.

    The phone didn't distract him.

    However, what he SHOULD have gotten nailed for was for having his hearing partially obstructed by means of a foreign object inserted into his ear that blocked some of the sound from getting in. Things like car horns, sirens, and that sort of thing from outside the car.

    • by ledow ( 319597 )

      Deaf people can't drive?

      As far as I know, there is no hearing requirement to driving in any country that I know of. My driving licence specifically says that I can only drive with vision correction. There isn't an equivalent category for hearing at all.

      Believe me, I'm the first person to say don't use a phone in any context while driving, or even have things on your lap / dangling / in the line of your vision / etc. I get ribbed for it all the time, but I stand by such things religiously.

      But if you need

  • driving with earphones on, while nothing is playing is more distracting then...
    listening to the car's stereo?

  • This is why you should fear the law: It is entirely arbitrary, impossible to predict, and up to the individual judge at the moment.

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