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.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Survey suggests 83 per cent of Surreyites ‘favour a referendum’ on policing transition

Survey was conducted by Pollara Strategic Insights on behalf of the National Police Federation

Racist graffiti sparks Cloverdale man to renew calls for City to clean up street

Hate message the latest garbage dumped at the end of 176th Street

‘A bag full of garbage every 15 metres’: Surrey industrial area filled with trash

Local workers looking to recruit business, raise funds to help dispose of litter

Brand new Tesla crashes into Surrey store front, mounts gas line

Driver was heading to the Autoplan store, straight off the lot

Surrey RCMP looking for missing 21-year-old

Police say Kenny Tran was last seen at around 1:30 p.m. on Feb. 19

VIDEO: B.C. senior recalls ‘crazy’ wartime decision to grab bear cub from den

Henry Martens – now 96 – says he was lucky to be alive after youthful decision to enter a bear’s den

New Alberta forward joins Vancouver Giants’ ranks

new left-handed 18-year-old is a familiar face to Giants head coach Michael Dyck

Cheapest in B.C.: Penticton gas prices dip below $1 per litre

Two stores in Penticton have gas below a dollar.

Loans or gifts? Judge rules woman must pay B.C. man back $7K

B.C. judge rules that woman must pay back more than $7,000 in advanced funds to man

VIDEO: Outpouring of worldwide support for bullied Australian boy

Australian actor Hugh Jackman said ‘you are stronger than you know, mate’

Mugging with airsoft gun results in Langley school lockdown

Police found the weapon and a stolen phone later

‘A horror show:’ Ex-employee shares experience at problematic Chilliwack seniors’ home

Workers are paid below industry standard at all Retirement Concepts facilities

Forest industry protests northern B.C. caribou protection deal

B.C. Mining Association supports federal-Indigenous plan

Chilliwack physiotherapist charged with sexual assault

Mounties urging other potential victims to make contact

Most Read

l -->