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

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

A rendering of the proposed development, called 2020, adjacent to other currently underway projects in the area. (Contributed)
Proposed 46-storey tower dubbed ‘2020’ would be Kelowna’s tallest building

The building was proposed two days after council approved a 42-storey tower on Leon Avenue

RCMP. (Phil McLachlan - Black Press Media file)
‘Dangerous situation’ inside busy Kelowna store prompts police presence

27-year-old man apprehended after threatening to harm himself inside store

A concept rendering of the proposed three-tower development at the corner of Leon Avenue and Water Street. (Contributed)
‘Gentrification’ not the answer: Mega-condo won’t fix larger problems, says Kelowna councillor

Letters of support for a three-tower downtown development cited issues with homeless population in the area

Kelowna RCMP precinct. (Michael Rodriguez - Capital News)
Kelowna Mountie transferred, fined after pointing gun at another officer

Const. Kristine Roesler argued she handled the gun safely and did it in the spirit of ‘dark humour’

The exhibit is set to open on Nov. 13. (File)
UBCO recieves $1.9M for cleantech hub

UBCO campus will help develop and commercialize clean technologies and create up to 50 well-paying jobs

Brett Forsythe battles it out in a game of singles pickleball on ice at Okanagan Training Rink Thursday, Jan. 7 in support of the Vernon Food Bank. (Jennifer Smith - Morning Star)
Pickleball play hits the ice in Okanagan

Rivals battle it out in support of the food bank

Prime Minister Justin Trudeau listens to a question during a news conference outside Rideau cottage in Ottawa, Friday, January 8, 2021. THE CANADIAN PRESS/Adrian Wyld
Trudeau says Canada’s COVID vaccine plan on track despite Pfizer cutting back deliveries

Canadian officials says it will still likely receive four million doses by the end of March

City of Salmon Arm Coun. Chad Eliason goes public with the information he went to Mexico over Christmas. (Contributed)
Salmon Arm councillor travels to Mexico over Christmas holiday

Politician says he regrets decision and didn’t consider the ramifications

Letisha Reimer died Nov. 1, 2016 after being stabbed at Abbotsford Senior Secondary.
No evidence that killer was in ‘psychotic state’ during Abbotsford school stabbing: Crown

Second day of closing arguments at ‘not criminally responsible’ hearing for Gabriel Klein

Alan Davidson was sentenced to almost six years for abusing seven boys in the late 1970s and early 1990s. (Canadian Press file)
Full parole granted to former Mountie, sports coach convicted of sex abuse of boys

Alan Davidson convicted of abusing boys in B.C. and Saskatchewan in late ’70s, early ’90s

Carol Loiselle filed a discrimination and harassment complaint with the B.C. Humans Right Tribunal in 2018 after working at Windward Software Systems, Inc. in Penticton for eight years. (Google maps photo)
Penticton woman wins part of her B.C. Human Rights Tribunal case

Carol Loiselle alleges she faced years of discrimination, harassment at Windward Software Systems

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Salmon Arm Recreation notified the public of a COVID-19 exposure at the Salmon Arm pool on Jan. 14. (Lachlan Labere/Salmon Arm Observer)
COVID-19 exposure reported at Salmon Arm pool

Salmon Arm Recreation became aware of the virus exposure on Jan. 13.

Most Read