01-04-2019, 01:07 PM
(01-04-2019, 12:09 PM)ijmorlan Wrote:(01-04-2019, 10:47 AM)Rainrider22 Wrote: OPP doesn't write law. They only enforce the law like any other municipal police officer. Bottom line, if you are drinking a coffee or eating and it appears to the investigating officer that this action caused you do be distracted,i.e. you are swerving within your lane, you drive through an intersection without stopping for a stop sign, then you can be charged.
Interesting situation. I would say that the act of drinking a coffee by itself should not constitute distracted driving; but if one drives through a stop sign because of it, then how is it not distracted driving? But on the other hand, who cares why the driver missed the stop sign (unless it was something unavoidable)? There is a separate offense for that, no need to pile on because it was coffee-related.
You are correct however, once an officer makes the determination to commence proceedings under the distracted driving statute, which they would be in their right, the defendant would now be subject to the new penalties...