Despite Connecticut’s aggressive campaign to crack down on cell phone users behind the wheel, our courts may have shot that effort in the foot.
A court has thrown out the case between Lonnie Dunbar and Trooper Josh McElroy. McElroy alleges that he saw Dunbar driving on the highway while using his cell phone – however, Dunbar claims he was simply answering a call and had a Bluetooth device so he was technically “hands free.”
The contention is over where the phone was being held at that time. McElroy says he saw the phone, “right around the steering wheel, or I mean the steering wheel height in the center of, the center of the car.”
So, to anyone, it looked like a standard case of texting and driving.
So, Dunbar was issued a ticket and, like any motorist, appealed it. The court ruled in his favor, saying that there was no evidence that could prove he was truly talking on the phone and filed a motion for acquittal.
Dunbar is now out of paying a $250 and court fees while the rest of us wonder if this case just opened one huge can of worms.
Story via Connecticut Law Tribune.