12/01/2015 02:32 EST | Updated 12/01/2015 02:59 EST

Alberta Man Fined For Texting In Tim Hortons Drive-Thru


An Alberta man was hit with a $287 ticket for using his cell phone while waiting in line at a Tim Hortons' drive-thru.

A.J. Daoust said he was waiting for his coffee at a Beaumont, Alta., location on Thursday morning when he replied to a text message. He was surprised when a police officer rapped on his window and asked him to pull over. He was handed the ticket for distracted driving.

"He was definitely within his rights…but to me this is ridiculous. It's just kind of heavy-handed," Daoust told CTV News.

“His vehicle was in motion while he was in the drive-thru,” Acting Beaumont RCMP Cpl. Kelvin Koch said in an interview with The Toronto Star. “It was moving.”

Koch added Daoust was also "disrespectful" when approached by the officer.

Alberta's distracted driving legislation prevents drivers from texting or emailing from a hand-held cell phone when they are behind the wheel, even while stopped. The legislation applies to urban and rural, public and private roads.

With payment due Jan. 6, Daoust told CBC News he plans on attending his court date, but hasn't decided if he'll challenge the ticket.

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