A Victoria man says his phone was in his cupholder when he was issued distracted driving ticket by Saanich Police. (Twitter/Josh Delgado)

Unclear laws to blame for cupholder cellphone tickets: lawyer

Island driver says cellphone was in cup holder when he was issued distracted driving ticket

A Saanich driver is the second B.C. motorist to go public after receiving a ticket for having a cellphone in the car’s cup holder.

Josh Delgado posted a picture of a $368 ticket he was issued by Saanich Police Sept. 23 for using an electronic device while driving. In the tweet, he says he’s going to court to defend his right to have his cellphone sitting in the cup holder while driving.

Delgado’s post follows a similar incident in the Lower Mainland earlier this month, when a Richmond senior received a distracted driving ticket on Vancouver’s West Georgia Street while stopped at a red light.

Her son, Trevor Kramer, told Black Press Media that his mother had both hands on the steering wheel and her cellphone in her cup holder when she received the violation.

Vancouver Police later canceled the ticket.

RELATED: B.C. senior’s $368 ticket for cellphone in cup holder sparks debate

RELATED: Police cancel $368 ticket given to B.C. senior for having cellphone in cup holder

Kyla Lee, an Immediate Roadside Prohibition (IRP) lawyer, says the law is unclear and causes confusion for motorists.

“The biggest concern I have as a lawyer is inconsistent enforcement of the law,” she said, adding that after nine years of distracted driving enforcement, there should be clarity from the government and consistency among police and RCMP.

“Without that we can’t have confidence in them,” Lee said. “If you don’t know whether what you’re doing is legal or illegal… everyone is going to be driving around in a state of fear.”

“It impacts drivers every day because people aren’t able to make decisions about how to govern themselves,” she added.

Like Delgado, drivers have recourse for provincial violation tickets they disagree with – motorists can can file a dispute by mail or in person at their local court house.

Speaking to media at the B.C. legislature Wednesday, Public Safety Minister Mike Farnsworth said police have some discretion, but cellphones must be mounted and not accessible to drivers.

RELATED: Phone in cupholder isn’t OK, B.C. public safety minister says

Saanich Police did not respond to a request for comment by the time of publication.

With files from Tom Fletcher.



nina.grossman@blackpress.ca

Follow us on Instagram
Like us on Facebook and follow us on Twitter.

Just Posted

Morrison wins Kootenay-Columbia for Conservative Party

Unofficial results peg 28,495 votes for Morrison with 98 per cent of polls reporting Monday evening

UPDATE: Morrison wins Kootenay-Columbia by more than 7,000 votes

Elections Canada is reporting a 72% voter turnout

Trudeau has won the most seats — but not a majority. What happens next?

Trudeau will have to deal with some of the implications of Monday’s result

LIVE MAP: Results in Canada’s 2019 federal election

Polls are now closed across the country

ELECTION 2019: Here are the results from our 12 B.C. races to watch

Incumbents mostly won our 12 key races, but there were a few upsets too

VIDEO: Is the stethoscope dying? High-tech options pose threat

World-renowned cardiologist believes the device is just a pair of ‘rubber tubes’

Beers on the job, smacking crotches: 10 police misconduct probes in B.C.

Recent report by the Office of the Police Complaint Commissioner highlights a number of investigations

Seizure of cannabis edibles, including mac-and-cheese, prompt warning from B.C. RCMP

Potato chips, cheesecake and candy infused with cannabis also seized back in August

B.C. parents sue city and province in 12-year-old daughter’s drowning at lake

Beverly Park drowned at Rotary Lake in Dawson Creek in August 2016

VIDEO: Chill with polar bears through an Arctic live cam

Cam reopens just ahead of Polar Bear Week

Aquilini companies deny negligence in U.S. vineyard fire that killed two kids

Fire occurred at Red Mountain Vineyard, located in southeast Washington State

Surrey cop killer gets new parole conditions

Surrey RCMP Constable Roger Pierlet, 23, was shot dead on March 29, 1974

Former Kelowna Hells Angels associate could be deported, court rules

David Revell has lost his fight against deportation from Canada

Most Read