CASE LAW - R v Jackson
On November 7, 2018 Cst. Neid was participating in a two person enforcement operation where he was the observer beside Highway 33 in Kelowna. In his evidence he states that he observed Corinne Jackson driving toward him "shovelling" food from a bowl into her mouth and was not holding the steering wheel.
Cst. Neid estimate the speed of Ms. Jackson's vehicle at 60 km/h in the 50 km/h speed zone.
Cst. Yakonowsky stopped Ms. Jackson's vehicle at Cst. Neid's direction and found a bowl with chopsticks on the passenger seat. Responding to questioning, she said that she had one hand on the wheel that also held the bowl while she used the chopsticks to eat with the other hand.
The constable issued her a traffic ticket for driving without due care and attention.
Ms. Jackson disputed the ticket and appeared in front of Judicial Justice Burgess. He convicted her after trial saying that:
Ms. Jackson was not exercising due care of the vehicle she was driving as her hands were occupied with a bowl and chopsticks and not on the steering wheel. Further, Ms. Jackson’s full attention was not on her driving as she was actively eating which divided her attention between driving and eating. Ms. Jackson, whether she acknowledges it or not, was not giving due attention to her act of driving. A reasonable and prudent person ought to be aware that driving with objects in both hands and eating exposed other users of the highway to potential danger.