A Yukon man who successfully challenged a distracted driving ticket in Yukon court said he did not break territorial law when he used his cellphone while driving.

Ian Pumphrey, 48, of Marsh Lake, Yukon told CTV News he got a ticket for using an electronic device while driving on Aug. 28.

Pumphrey said his phone rang while driving.

He said he pulled over to the side of the road and stopped before answering the call.

Pumphrey said he initiated the speaker phone function on his Samsung phone and then wedged the device between his shoulder and his ear.

He said he put both of his hands on the steering wheel and continued the phone conversation while driving.

A police officer pulled him over and ticketed Pumphrey for using the device while driving.

Pumphrey said he challenged the officer by saying he was using the device in a hands-free manner.

“The officer said to me after I asked why I was pulled over and he said, ‘Well, you’re using a cellular device while driving.’ And I said, ‘Yeah, but I was in hands-free mode.’”

He said he challenged the ticket in court on Dec. 16.

Yukon Courts confirmed that Pumphrey’s ticket was dismissed by a judge on Tuesday.

Pumphrey said it’s because the judge determined what he did was not against the law in the Yukon.

He said he doesn’t advocate people to replicate what he did.

He decided to speak about this story in an effort to open a discussion about the laws around distracted driving.

Former police officer Len Eastoe with Traffic Ticket Experts in Winnipeg said he doesn’t suggest people drive with a cellphone wedged between their ear and shoulder.

“It is still in my opinion, personally, not quite the proper way to use it,” Eastoe said.

But he said the way the law in Manitoba is written would leave a case like this up to a judge’s interpretation of the law.

“I think it’s a good argument. I think the law needs to be clearer for people and when the law’s clear, people understand so much better.”

He thinks the section regulating use of cellphones in the Highway Traffic Act needs to be written more clearly to allow for better enforcement of this action.

The Manitoba government disagreed.

Manitoba Justice spokesperson Rachel Morgan said in an email “based upon the wording of Manitoba’s law, we don’t expect a similar challenge to our legislation.”

Morgan said the province “urges all motorists to refrain from using cellphones other than via Bluetooth.”

“Driving while distracted is a serious threat to the safety of motorists and pedestrians.”

Government of Yukon Director of Communications Elaine Schiman said in an email, "the Yukon government is concerned of course about the potential public safety implications of the recent court decision. Currently, the Yukon Department of Justice is reviewing the ruling, to assist the government in determining how to respond to this judgement of the court. No decision has yet been made."