It is a judgment that could make a landmark in Canada. Indeed, A Montrealer has just had the unpleasant surprise of being the subject of one of the first judgments for the use of e-cigarettes while driving in mid-June, at the municipal court of Montreal.
It is a news item which will not surprise anyone but which remains a great first in Canada. If you did not know, it is possible to be fined for vaping while driving if the device includes an indicator screen, justice has just ruled.
A Montrealer has just had the unpleasant honor of being the subject of one of the first judgments in this direction, in mid-June, at the municipal court of Montreal. Jean-Maxime Nicolo was driving his car in the fall of 2018, when he was pulled over by police who believed they had caught him with a cell phone in hand. He was fined.
Mr. Nicolo contested his ticket, pleading that he did not have a cell phone in hand, but only his vapoteuse. Justice Randall Richmond believed it. " The defendant's testimony is credible enough to be accepted He wrote in his decision.
« Even a vape can be a distraction while driving, if it features a bright display with information and adjustment buttons to manipulate. », Decided the magistrate. The Highway Safety Code prohibits cellphones while driving, but also " to make use of a display screen - with a few exceptions.
It must be said that Mr. Nicolo was not content to suck the steam from his machine. " I played with the settings […], I adjusted the voltage and the temperature […], I smoked at intervals », He declared at the hearing.
Violation of the Highway Safety Code " does not require looking at a screen », Wrote the judge. " It is the use of the device that constitutes the offense. «