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

Surrey baseball association loses ‘a true giant’ in Bruce Lawson

Longtime volunteer ‘always gave his heart and soul to Surrey Canadian and the game of baseball’

Surrey School District forecasts up to 30 per cent of students will return to class this week

Education Minister Rob Fleming said on June 1, about 60,000 B.C. children returned to school

Clover Valley Beer Festival cancelled

Cloverdale beer fest falls victim to COVID-19

South Surrey’s Darts Hill Garden Park to re-open – by appointment

City of Surrey-run garden will be open to visitors Thursday through Saturday

Surrey Mounties respond to report of shots fired in Cloverdale

They took 12 people into custody but found no evidence shots were actually fired

VIDEO: A Vancouver Island black bear takes weekend nap in eagle tree

Videos captured by Terry Eissfeldt shows the bear arriving Saturday night and sleeping in on Sunday

Facing changes together: Your community, your journalists

We’re asking you to lock arms with us, as we look to better days ahead

About 30% of B.C. students return to schools as in-class teaching restarts amid pandemic

Education minister noted that in-class instruction remains optional

RCMP, coroner investigate ‘unexpected deaths’ on Salt Spring Island

Two dead, police say there is no risk to the public

Trudeau avoids questions about anti-racism protesters dispersed for Trump photo-op

Prime minister says racism is an issue Canadians must tackle at home, too

NDP getting COVID-19 wage subsidy ‘indirectly,’ B.C. Liberal leader says

B.C. NDP says Andrew Wilkinson is wrong about federal link

Parent, superintendent, trustee report smooth return to classrooms in B.C.

The biggest challenge is convincing families that it’s safe, some say

Two more COVID-19 cases reported by Langley long term care facility

One resident, one staffer have tested positive for the coronavirus

Most Read