A Montreal municipal court judge has ruled it is illegal for drivers to pick up their mobile phones when stopped at a light.

The driver had pleaded she was just checking the time. But the judge found her guilty and she was fined and given three demerit points.

Judge Randall Richmond said in his decision on Feb. 24 that “a person driving a vehicle must never use his cell phone, even to look at the time and even if stopped at a red light.”

Some may argue that it’s not any more dangerous to check for the time on a cellphone than on a watch, Richmond said, except “there’s a big difference” because with a watch you just have to slightly turn your wrist without taking your hands off the steering wheel. Though it’s less of a distraction than texting while driving, Richmond said using a cellphone is still a danger.

“You have to take your hand off the steering wheel, take the phone with your hand, bring it to eye level, and press a button,” explained Richmond. “That’s enough time without a hand on the steering wheel and with eyes off the road.”

A lawyer for Ticket911.ca, Avi Levy, helps drivers contest road infractions and he says that the law is clear: you can’t use your cellphone in any way while behind the wheel.

"If you're talking on the phone, or looking at the time, or changing a song, or looking at a text, then that would make use of it," Levy told CJAD 800 News.

However, Levy also explained that it’s not the same if a driver is handling the cellphone without actually using it. He successfully defended such a case recently.

"If you're picking it up off the floor or if you're taking it out of the charger to put it in your pocket, it's not necessarily going to be very distracting, it's not necessarily making use of it," said Levy.

Richmond ended his ruling by suggesting to anyone surprised by his decision that they can simply check the time on their cars’ dashboards, or if it’s broken then to listen to the radio.

Montreal municipal judge fines driver for looking at the time on her phone