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

‘Finding Solitude’ film premieres in Tofino and Ucluelet

“This film is about protecting our lands.”

School District 70 proposes new school names, asks for public feedback

Board of education suggests new names for the district and two of its schools

Washout brings delays to drivers heading in and out of Tofino-Ucluelet

West Coast commuters are facing delays Tuesday morning.

Ucluelet’s Royal Marine Search and Rescue team seeking new recruits

“We’re on call for anything and everything on the water.”

Five rescued after boat crashes between Tofino and Ahousaht

“Ahousaht has always been a willing participant to save anyone who is in distress in our territory.”

B.C. politicians view supermodel’s transition journey on Transgender Day

Liberal MLA Jane Thornthwaite and New Democrat MLA Spencer Chandra Herbert appear in the documentary

John Mann, singer and songwriter of group Spirit of the West dead at 57

Mann died peacefully in Vancouver on Wednesday from early onset Alzheimer’s

VIDEO: B.C. high school’s turf closed indefinitely as plastic blades pollute waterway

Greater Victoria resident stumbles on plastic contamination from Oak Bay High

B.C. mayor urges premier to tweak road speeds in an ‘epidemic of road crash fatalities’

Haynes cites ICBC and provincial documents in letter to John Horgan

Four arrested after report of shots fired in Nanaimo

RCMP arrest four suspects in high-risk takedown in Cedar

South Cariboo Driver hits four cows due to fog

The RCMP’s investigation is ongoing

B.C. won’t appeal decision protecting ICBC court experts

Change to evidence rules next to save money, David Eby says

1898 Yukon gold rush photo featuring Greta Thunberg look-alike sends internet into tailspin

Jokes erupted this week after a 120-year-old photo taken by Eric A. Hegg surfaced from archives

BC Ferries’ two new hybrid vessels set sail for B.C. from Romania

Two Island Class ferries to be in use by 2020

Most Read