Defendant tells court he was only listening to CD

A1

By Craig Babstock
Times & Transcript Staff

Stumble Upon

del.icio.us

Digg

Facebook

Print

Email

12 Comment(s)

A Moncton judge fined a man $600 yesterday after hearing the man was driving on the highway while watching a DVD player that was sitting on his dashboard.

Paul S. Brandon, 28, appeared in Moncton provincial court yesterday to stand trial on a motor vehicle infraction. Brandon was accused of violating New Brunswick's Motor Vehicle Act by driving on a highway without reasonable consideration for other people using the highway.

Prior to the start of his trial, the accused told Judge Irwin Lampert he wanted to change his plea to guilty.

Crown prosecutor Danielle Bastarache told the court Brandon was driving a pick-up truck on Highway 2 near River Glade on Aug. 31 of last year. According to the Crown, police got a call when another driver looked into the cab of the truck and could "clearly see" a TV screen on the dashboard, at eye level.

The two vehicles were heading in the same direction and the woman who called police reported the truck was drifting out of its lane at times.

"She described his driving as erratic, and he crossed over the white line," said Bastarache, adding the woman who called police followed him all the way to Moncton.

At one point she pulled even with the truck and saw the man had headphones in his ears as he watched the screen. She honked her horn at him a couple of times to get his attention and Bastarache said he was startled because he hadn't noticed her alongside of him.

Police responded to the woman's call and pulled the man over in the Moncton area, at which time the DVD player was closed and he denied watching TV.

While Brandon admitted he was driving without consideration for others, he maintained his version of events, saying he wasn't watching a movie. He said his portable DVD player is equipped to play CDs and he was listening to music.

"She probably saw the screen up while I was switching a disc," he told the judge.

Lampert warned the man he shouldn't drive while distracted because it creates danger on the highway. He ordered the minimum fine of $600 and gave him only until the end of this month to pay, or else spend 10 days in jail.

In making his decision, the judge noted Brandon has a long list of infractions on his driving record.