Jeffrey Macesin got caught using his Apple Watch while driving on a local roadway in Quebec, Canada. The Canadian was allegedly fined  $120 traffic ticket with four demerit points, as he was headed onto Highway 20 from Pincourt.

Macesin violated the Quebec Highway Safety Code which states that people are forbidden to use hand-held devices which has a  "telephone function" while driving a road vehicle.

The alleged road violator petitioned himself to the authorities insisting he did not violate any law.

Mr. Macesin told CTV News, "I have it (smartphone) in the bag charging while the auxiliary cable is plugged into the radio and this (Apple Watch) controls my phone to play the music, So I was changing songs with my hand on the steering wheel." "It's not so much handheld. It's a watch," he also said. "You know, it's on my wrist. That's where it gets controversial."

The Canadian believes that Apple Watch should not be labled in the same category as smartphones. It can receive calls and text messages it must be paired to a smartphone to make it work.

The law might be in Jeffrey Macesin's side basing on the statement of Lawyer Avi Levy, a traffic violations expert. Levy said:

"I knew it was just a question of time before we got a case like this, but it definitely won't be the last," said Levy/ He mentions the categorization of the Quebec Highway Safety Code leaves smart watches in a grey area.

"I'm not convinced that the Apple Watch itself is a phone. It's rather a Bluetooth device that communicates a telephone signal from the phone and it has been established in the law that you're allowed to use Bluetooth devices and it doesn't constitute an infraction.", Levy added.

Jeffrey insists the traffic violation he's facing is inappropriate since he wasn't using or holding a phone while driving.

He also said that he will hire an attorney to take a course of action about his alleged violation.