This case is out of Marsh lake, Yukon which may not have the exact same law as here in Ontario when it comes to what is considered “hands-free” while driving. This man, Ian Pumphrey claims he received a phone call, pulled over, put his phone on speaker, wedged it between his shoulder and ear and continued driving. A RCMP officer spotted him and gave him a ticket. He fought it and won.
The judge says it was not illegal for him to be driving with his phone lodged between his shoulder and his ear and it may have been an oversight on the territorial government’s part when it passed the law.
In Ontario, The Highway Traffic Act 78.1 (1) prohibits anyone from driving a motor vehicle while holding or using a hand-held wireless communication device, such as a cellphone.
Hand or shoulder it is still distracting. What do you think?