Man uses BlackBerry as drunk driving defence

When Curtis Fee was arrested for drunk driving after a police officer spotted him weaving across Highway 401 near Toronto, he came up with a novel argument: the BlackBerry defence.

Mr. Fee said "there probably was a good chance" he was weaving across the freeway, but it wasn't because he was impaired, it was because he was sending messages on his BlackBerry. He used his knee to steady the steering wheel while he sent and received messages on the device, according to documents filed in court.

The case ended up before an Ontario judge and Mr. Fee pressed his point. He argued that on Oct. 29, 2004, he was on his way home to Ajax, Ont., from an afternoon golf game. He said he'd had one drink at the golf course and two drinks later in a bar. He was arrested around midnight after a police officer received a call about an erratic driver on Highway 401. The officer followed Mr. Fee until he drove off the freeway and pulled over on a side street.

To be convicted of impaired driving under the Criminal Code, he argued, the ability to drive must be impaired by alcohol or a drug, not a BlackBerry

It is not clear whether Mr. Fee plans to take the case to the Ontario Court of Appeal. He declined comment when reached at his home last night.