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Woman Looking At Apple Watch Found Guilty of Distracted Driving (nationalpost.com)

Ontario law defines distracted driving as "holding or using a handheld wireless communication device" -- and a judge just fined Victoria Ambrose $400 for checking her Apple Watch while waiting at a stoplight. Long-time Slashdot reader innocent_white_lamb quotes the National Post: Even with its miniaturization and trendy technology, an Apple Watch is no safer "than a cellphone taped to someone's wrist," said a justice of the peace, while convicting a Guelph woman this month of holding or using a hand-held wireless communication device while driving... "The key to determining this matter is distraction. It is abundantly clear from the evidence that Ms. Ambrose was distracted..."
When the light turned green Ambrose had remained parked at an intersection, according to the officer who ticketed her, though two cars ahead of her had moved forward. Ambrose testified that she was only checking the time, but the officer told the court he'd seen Ambrose check her watch four different times.

62 of 128 comments (clear)

  1. What time is it now? by ITRambo · · Score: 2

    Clearly, she wanted to know if the time had changed from a few seconds before, because cars don't have things like clocks on the dashboard.

    1. Re:What time is it now? by fahrbot-bot · · Score: 1

      ... because cars don't have things like clocks on the dashboard.

      Not defending her, but the LCD display on the radio (also the clock) in my 2001 Honda Civic is now unreadable during the day, and *barely* readable at night. The LCD panel seems to be working, and I think the problem is with the plastic/acrylic. Could be from age and heat over 17 years. In any case, I don't have a visible clock in my car and would have to check my cell phone to know the time. And, yes, it's bitch re-programming the stations after disconnecting the battery.

      --
      It must have been something you assimilated. . . .
    2. Re:What time is it now? by flightmaker · · Score: 1

      The dash clock in my 1991 Honda Civic is still working perfectly. I'm not sure what display technology it uses, it's seven segment like LED clock displays but it's close to white which I don't think we had in LED 27 years ago.

      It also dims nicely at night when I put the lights on, as does, somehow, the display on the Pioneer DAB radio I had put in.

      If only they still built 'em like they used to....

    3. Re: What time is it now? by Hognoxious · · Score: 1

      Even older cars had a clock that wasn't built into the radio.

      My Citroen 2CV didn't.

      It was that slow it had a calendar.

      TY,IHAW...

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    4. Re: What time is it now? by Ol+Olsoc · · Score: 1

      Even older cars had a clock that wasn't built into the radio.

      My Citroen 2CV didn't.

      It was that slow it had a calendar.

      TY,IHAW...

      I fell right into that .......

      --
      The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
    5. Re:What time is it now? by rworne · · Score: 1

      Even better, when driving with the hands at 10 o'clock and 2 o'clock on the wheel, they are easily within your field of view* ticket her every time she puts her hands on the steering wheel. If you feel some mercy, just wait until the screen activates then do it.

      * unless you are one of those granny drivers. Those of you who are old enough remember them well - 1970's huge car with whitewall tires and a huge steering wheel. Look in your rearview mirror and see it lumbering behind you and all you see are two disembodied hands grasping the wheel.

      --
      I tried every decent and legal way I could think of to resolve the issue w/the business before I rented the chicken suit
    6. Re:What time is it now? by tlhIngan · · Score: 1

      Even better, when driving with the hands at 10 o'clock and 2 o'clock on the wheel, they are easily within your field of view

      If you have a modern car it's actually 9 and 3 now. 10 and 2 is considered dangerous. And no resting your thumbs in the wheel. The reason for that is if the wheel twists, it can break your thumb.

      Anyhow, the lady was clearly distracted - she was stopped at a GREEN light, fiddling with her watch. That is clearly the definition of distracted - the light turns green, and you're still fiddling with the phone and not actually moving.

      Even worse, the guy behind you might honk, and if you blindly go forward, you might either get T-boned from a red light runner, a left turner might be crossing because you're stopped for whatever reason and thus holding back traffic, or maybe even a jaywalker starts crossing.

      Yes, if you're stopped at a green, you create an incredibly dangerous situation. Other drivers simply don't know what's wrong and cause traffic chaos.

      And yes, I've seen it happen way too many times - light turns green, car doesn't move and you're left with a huge WTF - do you turn because they're not moving? Plus, we all know the frustration of having waited through a long light, and the guy in front doesn't move until the light is about to turn yellow.

    7. Re:What time is it now? by rworne · · Score: 1

      Oh I agree she was distracted. But how is this going to pan out in the future? Will this extend to dumb watches as well? Digital and analog?

      Can't use the wireless excuse for distracted driving watch-use since more and more dumb watches are synching time via radio or GPS now.

      --
      I tried every decent and legal way I could think of to resolve the issue w/the business before I rented the chicken suit
  2. Forget something? by The+New+Guy+2.0 · · Score: 1

    Isn't the car radio responsible for for displaying CallerID and time these days?

  3. Guelph ?? by rojash · · Score: 1

    Guelph ?? Canada sure is a strange country.

    1. Re:Guelph ?? by 93+Escort+Wagon · · Score: 1

      They have GELFs in Red Dwarf....

      --
      #DeleteChrome
  4. Re:Turn signal by Anonymous Coward · · Score: 2, Funny

    That is monumentally idiotic. A judge would say the same. Do you have to take your eyes off the road to operate your turn signal, which is also a vital part of operating a motor vehicle? Enjoy eating your windshield when you plow into the back of someone while scrolling your libertarian news blogs.

  5. Re:Two cars gone, just checking the time by Anonymous Coward · · Score: 1

    “It’s new technology and technology keeps moving,” said Lawson [a Guelph paralegal who represented Ambrose].

    ..unlike traffic when her client is driving, apparently.

    Then again, isn't she actually guilty of distracted stopping? While drivers that don't Go on green are annoying, I'd much rather they do that than not wait to stop before playing with their electronics.

  6. Re:Four different times? by Anonymous Coward · · Score: 5, Informative

    As she was pulled over in Ontario, your reply is utterly pointless.

    The reasoning behind zero tolerance for any interaction with an electronic device while behind the wheel of a motor vehicle that isn't parked is that people, being the dummies they usually are, would often NOT finish their texting when the light turns green and would begin driving again while still dinking around on their device for a few more seconds. Through an intersection.

    Even when stopped at a red light, you are still operating your vehicle, and thus are to remain alert to what is going on around you in the real world.

  7. Who Cares if She Was Looking At an Apple Watch? by Anonymous Coward · · Score: 1

    What she was looking at/using should have 0 bearing on this considering "when the light turned green Ambrose had remained parked at an intersection."

    I don't care if someone's looking at the sky, people who do this shit deserve a distracted driving ticket, and there's a special place in hell for people who do this and make you wait through multiple light cycles.

  8. Obvious defense by PPH · · Score: 1

    Apple devices aren't capable of wireless communication.

    --
    Have gnu, will travel.
  9. Re:Turn signal by serviscope_minor · · Score: 4, Funny

    The lever is handheld and it communicates my intentions wirelessly to other road users. If I ever get pulled over for not using it, I will have a good argument to defend myself.

    I hear judges are very sympathetic to people representing themselves who try to get clever. Please let us know how it goes!

    --
    SJW n. One who posts facts.
  10. Re: stupid cops by Anonymous Coward · · Score: 1

    Are you not still operating a motor vehicle when it is stopped at a red light?

    If your 16 year old was driving, with you in the passenger seat, would you be fine with him/her diving right into the phone while at a red light, instead of staying aware in case, for instance, another driver is running the red when your light turns green? Or making sure all pedestrians have cleared the intersection before proceeding?

    People like the woman in question are distracted, then notice the light has already turned green, and then hit the gas before looking for these common hazards.

    There is never, ever a need to text or scroll a feed when behind the wheel. There is no such thing as an "emergency text". Park the car off the road and play with your phone to your heart's content.

  11. Separate texting while stopped by yuhong · · Score: 1

    This reminds me of the need to separate texting while stopped and texting while moving offences.

    1. Re:Separate texting while stopped by yuhong · · Score: 1

      I mean separating not completely removing these offenses and assigning them different penalties.

  12. Re: stupid cops by dskoll · · Score: 2

    Ah. Good ol' Montreal, Ontario.

  13. Re: Parked != driving by nehumanuscrede · · Score: 2

    Doesn't matter.

    Last time an idiot in front of me at a light caused the same problems for similar reasons, ( he was playing with his phone and didn't notice the light went green after several seconds had passed ) I hit the horn to get his attention.

    His reaction ?

    HOW DARE they honk at me ! Let's get angry about it !

    He was ready to fight because he got honked at for being a total idiot in the first place.

    IMO, they should start revoking licenses because if you're not going to pay attention, you have no business driving as you put every one on the road with you at risk.

  14. Re:Two cars gone, just checking the time by sabri · · Score: 1

    Lying in court.

    Even IF she was lying in court, that's irrelevant. She is a defendant. She can lie all day long.

    --
    I'm not a complete idiot... Some parts are missing.
  15. Re:Two cars gone, just checking the time by Anonymous Coward · · Score: 3, Insightful

    Then again, isn't she actually guilty of distracted stopping?

    .

    She was driving and was momentarily stopped, which does not mean she was no longer driving. She was AT THE CONTROLS of the car and the car was operating, therefore she WAS DRIVING.

    Your semantic bullshit proves you're one of those special boys who have a grossly overestimated notion of their own intelligence and the value of their opinion. I bet your co-workers have a special nickname for you which indicates their derision for you and your propensity to spew idiotic bullshit.

  16. Re:this city is f-ed by Anonymous Coward · · Score: 1

    I grew up on this city, and was beaten so badly by the local cops that I now,walk with a limp. They are abusive and have no idea what they're doing.

    It was most likely your English grammar that pushed those cops over the edge.

  17. Re:Turn signal by wonkey_monkey · · Score: 1

    If you have to look at it to use it, then you probably need more driving practice.

    --
    systemd is Roko's Basilisk.
  18. Re:Turn signal by wonkey_monkey · · Score: 2

    ...and then everyone clapped!

    --
    systemd is Roko's Basilisk.
  19. Re:Four different times? by stephanruby · · Score: 4, Funny

    But that's the point, the light was no longer "red", it had turned green, forcing two cars who had been waiting to go around her, thus she was blocking the flow of traffic for no good reason.

    In New York, the problem would have been immediately resolved after 100 milliseconds by the other drivers yelling loudly obscenities at her and continuously honking on their horns. In Canada, the other drivers were probably just too polite to honk or say anything, or if they did say something, they probably just mumbled an apology under their breath, that she probably couldn't hear in the first place.

  20. Re: Two cars gone, just checking the time by Anonymous Coward · · Score: 1

    If they're going to be so specific about the definition of distracted driving, then I agree: the watch is not a hand held device.

    By that definition, reading a book isn't distracted driving.

  21. Re: Parked != driving by markdavis · · Score: 2

    >"Last time an idiot in front of me at a light caused the same problems for similar reasons, ( he was playing with his phone and didn't notice the light went green after several seconds had passed ) I hit the horn to get his attention."

    What does that REALLY have to do with a phone? I see people distracted all the time waiting for a traffic light and often causing us ATTENTIVE drivers to miss the damn light. They are looking at stores, messing with the stereo, putting on makeup, messing with their shoes, turned back yelling at the kids, entering directions on their car's GPS, sometimes just apparently daydreaming.

    There is no special thing that makes phones or watches need to have special penalties or get singled out from any other type of distraction. Distracted driving is distracted driving.

  22. Re:Two cars gone, just checking the time by Chuckstar · · Score: 3, Informative

    This depends on exactly how the law is written, doesn't it?

    For example, in NYS, the law is written such that checking your phone while the vehicle is stopped (but still running) is OK if you're a non-commercial driver, but a violation if you're a commercial driver. In other words, it's legal for a non-commercial driver to check their phone at a stop light, but a commercial driver would have to not just be parked, but have the vehicle off in order to not be a violation. (I could be somewhat misremembering some detail, but I'm pretty sure that's all correct.)

    I agree, however, that in the abstract case where we're not dealing with a specific legal definition (or the definition is vague), I would tend to consider being temporarily stopped at a stop light to still be "driving".

  23. Not just for the watch... by Chuckstar · · Score: 1

    IMHO, the important consideration here is that she wasn't just ticketed for checking her watch, but she failed to respond to the light turning green, while checking her watch. Seems like this is good use of police discretion, in that she first exhibited symptoms of distraction, and only then did the officer determine what the distraction was, and ticket her accordingly.

    Having been given a ticket for looking at my phone when driving (when I absolutely had not been doing so), I appreciate the idea that the whole incident was a response to the driver's failure to drive appropriately, rather than simply an excuse for a ticket.

    Two clarifications:

    1) I'm assuming it's true that she was first acting distracted, as described by the police officer. Not that I believe officers never lie, just that is sounds like the driver didn't dispute getting a late start when the light turned green.

    2) I'm not saying I've never checked my phone while driving. Just that the one time I actually got a ticket for it I had NOT been checking my phone. No surprise that it was the last day of the month, during the period back when the NYPD has been accused of having implicit ticket quotas for officers.

  24. Re:Four different times? by rogoshen1 · · Score: 4, Insightful

    i'd take these kind of bullshit rules more seriously if they outlawed OEM touch screen center console systems. how is that 'okay' but touching a cell phone is haram?

    I have a ford fusion with the 'my touch' system. doing things like turning on the heated seats, or turning down the temperature require touching a finicky touch-screen panel. which invariably requires you to take your eyes off the road.

  25. Re:Four different times? by gmcdorman · · Score: 1

    There is a law that covers that. Ontario has three classes of violations for this:
      * Distracted driving. That's what was used here; it specifically outlaws using handheld electronic devices. This is the most recent law as well.
      * Careless driving. A generic offence that can cover things like using your console systems.
      * Dangerous driving; should be self-evident from the name. Probably requires a higher standard of evidence than the other two, and has correspondingly tougher penalties. Unlike the other two, it is a criminal offence. Includes an automatic one-year license suspension if convicted.

    See also "stunt driving".

    Reference: https://www.legalline.ca/legal...

  26. Re:Four different times? by Ol+Olsoc · · Score: 1

    As she was pulled over in Ontario, your reply is utterly pointless.

    The reasoning behind zero tolerance for any interaction with an electronic device while behind the wheel of a motor vehicle that isn't parked is that people, being the dummies they usually are, would often NOT finish their texting when the light turns green and would begin driving again while still dinking around on their device for a few more seconds. Through an intersection.

    Even when stopped at a red light, you are still operating your vehicle, and thus are to remain alert to what is going on around you in the real world.

    Interesting. Is distraction limited to only electronic devices? It is not possible to get distracted by anything else? We need to get some new laws! Think of something something!

    --
    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  27. Re:Four different times? by Ol+Olsoc · · Score: 1

    In New York, the problem would have been immediately resolved after 100 milliseconds by the other drivers yelling loudly obscenities at her and continuously honking on their horns..

    In Texas, they would have taken a second amendment solution, and been invited to the White house.

    --
    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  28. A bit steep $400 by spinitch · · Score: 1

    She technically would fail a driving exam for such behavior, as would many drivers for other common driving inattentiveness. She was stopped and often drivers while stopped take time to adjust temperature, check navigation , sip a beverage etc... all reasonable activities. A delay at the light is not a major danger to others. $50 plus the hassle of getting pulled over and insurance implications should be enough wake up call to her and others. The lady lied or is unfit to drive if she thinks checking time takes so long. She was likely checking other stuff perhaps weather , messages etc...

  29. Re: Parked != driving by Ol+Olsoc · · Score: 1

    Doesn't matter.

    Last time an idiot in front of me at a light caused the same problems for similar reasons, ( he was playing with his phone and didn't notice the light went green after several seconds had passed ) I hit the horn to get his attention.

    His reaction ?

    HOW DARE they honk at me ! Let's get angry about it !

    He was ready to fight because he got honked at for being a total idiot in the first place.

    IMO, they should start revoking licenses because if you're not going to pay attention, you have no business driving as you put every one on the road with you at risk.

    And no one ever sat at a light ever before smartphones. Never I tell you! Sounds like we have a whole new category of criminals to make. Jeff Sessions will like that. Or are you trying to say that only smartphones and watches can constitute distracted driving - all other things that look exactly like distracted driving are grandfathered in, and good?

    --
    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  30. She was STOPPED at a red light by ZorinLynx · · Score: 1

    This is absurd. We shouldn't be penalizing people for looking at devices when they are STOPPED at a light. This will only encourage people to play with the devices when their vehicles are in motion and police are less likely to see them doing it.

    When the hell did common sense go out the window?

    1. Re:She was STOPPED at a red light by Anonymous Coward · · Score: 1

      In point of fact, she was stopped at a green light.

    2. Re:She was STOPPED at a red light by Major+Blud · · Score: 2

      When the hell did common sense go out the window?

      When did it become common sense to be stopped at a green light?

      --
      If you post as Anonymous Coward, don't expect a reply.
    3. Re:She was STOPPED at a red light by ahodgson · · Score: 1

      If the engine's running, you're in control. Most of our distracted driving charges happen at stop lights. But, if your phone's out, you're almost certainly using it while moving, too.

    4. Re:She was STOPPED at a red light by Strider- · · Score: 4, Informative

      Two words: "Situational Awareness". Stop at a red light, fiddle with your phone. You have now just lost awareness of what's going on in the intersection. Light turns green, you miss it, person behind you taps their horn. Quick: did the person turning left make it out of the intersection, is the elderly lady still in the crosswalk? Unless you're far more disciplined than 99% of the population you're not likely going to take the time to see what's going on, you're just going to react to the person honking at you.

      That's why you don't fuck with your phone at a stop light.

      --
      ...si hoc legere nimium eruditionis habes...
  31. Not the point by Murdoch5 · · Score: 2

    The problem was she didn't drive forwards on a green light, and has nothing to do with the Apple Watch. If she drove forward when she should of, then nothing would happened. Stop making this about the watch and make it about the total lack of driver responsibility.

  32. Re:Four different times? by aevan · · Score: 1

    Depends..if I'm waiting a minute at a light, i probably would be checking my watch "is this light broken, or does it only FEEL like forever". Would also have raised the watch to see both it and the light at the same time. Doesn't sound like this case though.

    As for dashboard clocks, some get replaced by spitting out what radio station is on, or the current track playing on the cd/mp3 player. Actually have to reach over and press a button to get it back to the time..for a split second, then it's back to by

  33. Re:Four different times? by Anonymous Coward · · Score: 2, Funny

    Most efficient are drivers in Greece (esp. taxi drivers) who somehow manage to honk half a second BEFORE the light is green.

  34. Re:Four different times? by William+Baric · · Score: 1

    forcing two cars who had been waiting to go around her

    The summary says, "though two cars ahead of her had moved forward". If they were ahead, they didn't have to go around her.

  35. Re:Two cars gone, just checking the time by Xicor · · Score: 1

    Obviously this wasnt in Texas, because the laws in texas specifically exempt people who are not actually MOVING from the distracted driving laws. if you move a motor vehicle while you are looking at a phone, you will get fined, but sitting at a stop light, you wont.

  36. Re:Two cars gone, just checking the time by Xicor · · Score: 1

    yea, the texas law is similar to NYS as well. it even goes one step further. as long as your car isnt moving, you can look at your phone. this includes not only stopped at a stop light, but sitting in traffic as well.

  37. Re: Parked != driving by Ol+Olsoc · · Score: 1

    Why would Sessions care? He hasn't done a damn thing since being put in office.

    Jeff Sessions is a big invester in for-profit prisons. The more people we put in jail, the more money he makes. Lock thos people up! That's the big reason he is against legalization of weed - but that's a different subject. Just my Saturday night sarcasm...

    --
    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  38. Re:Turn signal by Ichijo · · Score: 1

    No, I would definitely need a lawyer, the kind who can successfully defend a drunk driving case on the basis of entrapment!

    --
    Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
  39. Re: Parked != driving by Cederic · · Score: 1

    I get angry at idiots that hit their horn unnecessarily too. In the UK your action would also be illegal.

    Just show some fucking patience.

  40. Re:Two cars gone, just checking the time by CanadianMacFan · · Score: 2

    In Ontario, where this happened, all drivers can't look at cellphones anytime they are driving, including while stopped at lights.

  41. Re:Two cars gone, just checking the time by fisted · · Score: 2

    Then again, isn't she actually guilty of distracted stopping?

    .

    She was driving and was momentarily stopped, which does not mean she was no longer driving. She was AT THE CONTROLS of the car and the car was operating, therefore she WAS DRIVING.

    Your semantic bullshit [...]

    And yet, stopped cars with a distracted driver aren't nearly as dangerous as moving cars with a distracted driver. Talk about semantic bullshit.

  42. Re: Parked != driving by Ol+Olsoc · · Score: 1

    When will Sessions ever be part of any Ontario government legal body?

    Excellent non-point.

    --
    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  43. Danger: Make sense. by DrYak · · Score: 2

    yea, the texas law is similar to NYS as well. it even goes one step further. as long as your car isnt moving, you can look at your phone. this includes not only stopped at a stop light, but sitting in traffic as well.

    Well, from a "danger* point of view, it makes sense :

      - if your car is moving, if you're distracted, you're at heavy risk of causing some accident.
      - if your car is immobile (no matter if it's because you've parked and shut down the engine, or simply because the traffice is stoped), if you're distracted, at worse you're only at risk at make the people behind you angry because you didn't resume driving as fast a they would have wished, but otherwise you don't cause any danger.

    --
    "Sufficiently advanced satire is indistinguishable from reality." - [Tips: 1DrYakQDKCQ6y52z6QbnkxHXAocMZJE61o ]
  44. Re: Parked != driving by Anonymous Coward · · Score: 1

    No, it wouldn't be illegal, and you are an idiot.

    The horn has precisely one legal use - to alert another road user to your presence. In this case, a person sitting in the roadway and not moving is obviously unaware of the presence of traffic behind them waiting to go. A tap on the horn to alert them to the presence of the car behind is completely in order.

  45. Re:Turn signal by Memnos · · Score: 1

    But if the jail doesn't give him/her internet access privileges, how will they ever let us know?

    --
    I don't trust atoms -- they make up stuff.
  46. Speedometer by Bengie · · Score: 1

    Just waiting for people to get ticketed for checking their speed. We need some clear definition of what "distracted" is.

  47. Re:Four different times? by mjwx · · Score: 1

    As she was pulled over in Ontario, your reply is utterly pointless.

    The reasoning behind zero tolerance for any interaction with an electronic device while behind the wheel of a motor vehicle that isn't parked is that people, being the dummies they usually are, would often NOT finish their texting when the light turns green and would begin driving again while still dinking around on their device for a few more seconds. Through an intersection.

    Even when stopped at a red light, you are still operating your vehicle, and thus are to remain alert to what is going on around you in the real world.

    More often than not, Texters would not even notice that the light has gone green until someone behind them has beeped at them. Then they'll act indignant because they were beeped at.

    --
    Calling someone a "hater" only means you can not rationally rebut their argument.
  48. Re:Turn signal by SuiteSisterMary · · Score: 1

    I know you're just being a troll, but:

    Societies are built on the concept of managing and evaluating risk.

    Our society has determined that the very slight risk required by a driver, who is presumably holding the steering wheel correctly, to lift one or two fingers off of that wheel, flick them slightly up and down, then put their fingers back on the wheel, is far outweighed by the positive benefits of communicating your driving intentions to other drivers on the road.

    Conversely, we've now decided that the risk incurred by a driver being completely oblivious to everything that's going on around them as they're absorbed in fiddling with their phone/smartwatch/whatever is far outweighed by the mild positive benefit of that driver seeing what Kim Kardashian just posted, or finding out that their bestie can't even.

    --
    Vintage computer games and RPG books available. Email me if you're interested.
  49. Re:Turn signal by SuiteSisterMary · · Score: 1

    Excuse me, that should read 'is NOT outweighed by the mild positive benefit of that driver seeing what Kim Kardashian.....'

    --
    Vintage computer games and RPG books available. Email me if you're interested.