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

No new COVID cases in Kootenay-Boundary

Interior Health says as of July 30, there were no additional cases in the previous two weeks

QUIZ: How much do you know about British Columbia?

On this B.C. Day long weekend, put your knowledge of our province to the test

RDKB to spend $5,000 to review 2020 freshet response

The province is also kicking in $5,000 for the review of flood protection rollout and communications

Future Olympian returns home to Boundary train in childhood pool

James Dergousoff put on a wetsuit and began swimming in an icy Christina Lake when his pool closed

FortisBC sees record-high summer electricity usage in Okanagan and Kootenays

‘As temperatures spike, so does the demand for electricity’ - FortisBC

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

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

Two people die in propane heated outdoor shower near Princeton

Couple was attending a long weekend gathering

Alberta to require masks at schools this fall, but still no mandate in B.C.

B.C. students are also set to return to classrooms in September

Feds fund $2M for habitat conservation in the Kootenays

Kootenay Connect program to protect habitat for species at risk in four areas in the region

B.C. to allow customers to buy cannabis online for in-store pickup at private shops

Age verification will still be required inside the store

400 gardeners receive free seeds courtesy of Kootenay Food

A variety of seeds were delivered, which included carrots, beans, kale and peas

Interior Health expands COVID-19 testing access in Kelowna

First-come, first-serve, no-appointment-needed testing centre opens in downtown Kelowna

30% of British Columbians would ‘wait and see’ before taking COVID vaccine: poll

Some are concerned about side effects, while others don’t think the virus is a big deal

Don’t leave your hand sanitizer in the sun and other tips to stay COVID safe this summer

Being mindful of staying outside and keeping hand sanitizer, sunscreen out of the sun recommended

Most Read