In its decision, the Court of Appeal for Ontario stated that road safety is best ensured by a complete prohibition on having a cell phone in one’s hand while driving, and that a complete prohibition is best for focusing a driver’s attention on driving.
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Toronto, Canada (PRWEB) October 04, 2013
Rotondo Law Firm (http://www.RotondoLaw.com), a Greater Toronto Area (GTA) personal injury law firm and wrongful death law firm, is releasing its expert opinion on a recent court ruling reaffirming that holding a cell phone or any other wireless communication device while driving is illegal.
Section 78.1 (1) of the Highway Traffic Act, which came into effect on October 26, 2009, stipulates that a driver cannot hold or use a handheld wireless device that is capable of receiving or transmitting telephone communications, electronic data, mail, or text messages. (Source: “Highway Traffic Act, R.S.O. 1990, Chapter H.8,” ServiceOntario web site, 2012; http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90h08_e.htm#BK137.)
Two court filings released on Friday, September 27, 2013 (Cases #55284 and #55941), have reaffirmed that holding a cell phone or any other wireless communication device while driving, even briefly, is illegal under the Highway Traffic Act. (Sources: “Her Majesty the Queen and Hugo Pizzurro,” Ontario Courts web site, September 27, 2013; http://www.ontariocourts.ca/decisions/2013/2013ONCA0584.htm, “Her Majesty the Queen and Khojasteh Kazemi,” Ontario Courts web site, September 27, 2013; http://www.ontariocourts.ca/decisions/2013/2013ONCA0585.htm.)
“In its decision, the Court of Appeal for Ontario stated that road safety is best ensured by a complete prohibition on having a cell phone in one’s hand while driving, and that a complete prohibition is best for focusing a driver’s attention on driving,” says P. Michael Rotondo, lead counsel at Rotondo Law Firm. “On top of that, the Court of Appeal for Ontario also observed that the Crown does not have to prove whether a handheld wireless communication device is working or not to get a conviction.”
Rotondo Law Firm applauds the Ontario Court’s recent decisions. According to the Ontario Provincial Police, in 2012, 83 people were killed in motor vehicle collisions in which distracted driving was a factor; surpassing the total of impaired driving fatalities. All told, the OPP laid almost 16,000 distracted driving charges in Ontario during 2012. (Source: “OPP Want You To Stop Using Handheld Devices While Driving,” Windsorite.ca, April 13, 2013; http://windsorite.ca/2013/04/opp-want-you-to-stop-using-handheld-devices-while-driving/.)
“When it comes to driving on Ontario roads, it’s illegal to hold a cell phone even if it’s not transmitting, no matter how briefly it’s in the driver’s hand,” Rotondo notes. “That said, there’s more to distracted driving than just handheld devices. Some of the other top driving distractions include eating; moving objects in the vehicle,, such as a pet or an insect; smoking; adjusting in-car controls; other occupants; putting on makeup; an outside event; and daydreaming.
“It’s important for those who have been injured or have a family member who has been injured as a result of a negligent or distracted driver in the Greater Toronto Area to contact an experienced personal injury law firm right away,” Rotondo concludes.
Rotondo Law Firm is conveniently located in the heart of downtown Toronto and has been providing personal injury law services to clients since 1999. Over the last 14 years, Rotondo Law Firm has been providing its clients with the highest level of legal service, spanning many areas of personal injury law, including trip and fall accidents; motor vehicle, pedestrian, motorcycle, and bicycle accidents; brain injuries; air flight accidents; accident benefit claims; and wrongful dismissal claims. Whether their clients have been injured in a car accident, are owed compensation from insurance, or have been wrongfully dismissed, Rotondo Law will work diligently to ensure they receive the settlement they deserve. More information on Rotondo Law Firm is available by visiting the firm's web site at http://www.RotondoLaw.com or by calling 416-868-0900.