Ian Pumphrey was back before the Yukon Courts earlier this week to represent himself in an Appeal launched by the Yukon Government.
In January of 2015, the Honourable Judge Luther found that Pumphrey wasn’t breaking the law by talking on the phone while driving, having his cellphone suspended between his ear and shoulder. It is, of course, illegal to drive while talking on your cellphone in the Yukon Territory – however, hands free devices are permitted. Since Mr. Pumphrey clearly was not using his hands to talk on the phone, he was not in violation of any regulations of the Motor Vehicle Act.
The Yukon Government appealed Judge Luther’s decision before a Supreme Court Judge, saying that in dismissing the ticket, he took the meaning of “hands free” too literally.
Mr. Pumphrey is of the opinion that the Government’s appeal is a waste of time and money – that would be better spent clarifying the legislation. He also stated that he will be seeking $15,000 in compensation from the Yukon Government in relation to all of the time he has spent working on the Appeal.
The Supreme Court Judge reserved decision on the matter.