The BC Driving Lawyers Instagram account shares driving-related tips like this one every Tuesday. (Devon Bidal/News Staff)

B.C. mom gets $368 traffic ticket for touching phone mounted to dashboard

Lawyer says that ticket is ‘invalid’ and officer gave inaccurate information

A single mother in the Victoria area is fighting a distracted driving ticket she received on New Year’s Eve because she touched her phone while it was mounted to the dashboard.

Brittney Taylor, a psychology student at the University of Victoria, came to a stop at a red light near Shelbourne Street and McKenzie Avenue around 2 p.m. on Dec. 31 and touched her “securely mounted” phone to change a song playing through the car’s stereo.

A police officer approached and asked to pull her over, she said, and told her he was going to give her a $368 ticket and four demerit points on her licence for “scrolling” on her phone.

She said the officer explained that if she’d simply been answering the phone, she’d have been allowed to press up to 10 buttons.

Taylor says she’s been driving for more than 10 years with no issues and always wears a seat belt, sticks to the speed limit, and keep her phone mounted on the dash.

READ ALSO: What exactly counts as distracted driving in B.C.?

“He gave me the ticket after checking my record and specifically saying how my record was immaculate with no priors,” Taylor said, noting she’d been in tears over the cost of the ticket. “I’m a struggling student that goes to the food bank monthly and tries to keep a roof over my daughter’s head.”

Taylor’s father, who’d been in the passenger seat, asked the officer why she wasn’t just getting a warning. He was apparently told that there’s “grey area” in the distracted driving laws and that Taylor could dispute the fine in court.

She later took to Twitter to voice her anger, and Vancouver-based lawyer Kyla Lee replied.

Lee said the ticket should be cancelled because it was issued for violating a Class 7 restriction – use of an electronic device while driving – under the Motor Vehicle Act. Taylor has a Class 5 licence.

“The entire ticket itself is invalid and the information the officer gave her is wrong.”

She said the laws need clarification, but doesn’t expect the province to do so anytime soon.

READ ALSO: Unclear laws to blame for cup holder cellphone tickets: lawyer

Saanich News has reached out to the officer’s unit at the Capital Regional District for comment.


@devonscarlett
Like us on Facebook and follow us on Twitter.

devon.bidal@saanichnews.com

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

Just Posted

Alberta man’s body recovered after cliff jumping off Rattlesnake Island

Emergency responders began rescue efforts at around 2:40 p.m. on Aug. 1.

Morning Start: Tomato juice won’t fix getting skunked

Your morning start for Wednesday, Aug. 5, 2020

149 cases of COVID-19 linked to Kelowna

Nine new cases were reported in the Interior Health region over the long weekend’s four reporting periods

Former Kelowna resident makes fundraising goal for cancer fertility treatments

Rebecca Hamilton recieved a boost in a battle against cancer - $25,000 for post chemo treatments

VIDEO: Vegan, gluten-free bakery moves into new space after COVID-19 closure

Jaide and Joel’s Bakery, now True North Bakehouse, is starting fresh

B.C. records 146 new COVID-19 cases through long weekend

More that 28 people tested positive for the virus each day since Friday

B.C. paramedics responded to a record-breaking 2,700 overdose calls in July

Province pledges $10.5 million for expansion of overdose prevention response

Canada signs deals with Pfizer, Moderna to get doses of COVID-19 vaccines

Earlier in July both Pfizer and Moderna reported positive results from smaller trials

Canucks tame Minnesota Wild 4-3 to even NHL qualifying series

J.T. Miller leads Vancouver with goal and an assist

Cyclist in hospital after being hit by load of lumber hanging from truck on B.C. highway

A man is in hospital with broken ribs, punctured lung and a broken clavicle and scapula

COVID-19 vaccine efforts provide hope but no silver bullet to stop pandemic: Tam

There are more than two dozen vaccines for COVID-19 in clinical trials around the world

Passengers escape unharmed from destructive houseboat fire in Shuswap

Cause of blaze on Mara Lake under investigation, flames erupt at 2 a.m. Aug. 4

Alberta vehicles allegedly damaged in Summerland

Lug nuts loosened, windows smashed in several instances in Okanagan community

Racism in B.C. healthcare: Deadline for First Nations survey coming up on Aug. 6

Survey comes after hospital staff allegedly played a blood alcohol guessing game

Most Read