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

July Kootenay real estate sales at record high

Sales and prices of Kootenay real estate on the rise

‘Health First’ leads planning for SD51 re-opening.

The province wants final plans by Aug. 26

Smoker Farms bringing craft-style cannabis to Beaverdell

Husband-wife team growing small-scale cultivations of marijuana

Maintain your yards, advises Grand Forks Fire Department

Short grass kept Aug. 2 camper fire from spreading

Grand Forks RCMP report more calls in 2020

July this year saw 15 per cent more calls compared to 2019

STANDING TALL: For some, B.C.’s forest industry is the best office in the world

A look at the forest sector in B.C. – and those hoping for the best – amid mill curtailments

Royal B.C. Museum wants B.C.’s COVID-19 nature observations

COVID-19 Collecting For Our Time: ongoing project cataloguing province’s pandemic experience

Feds offer ‘life preserver’ funds to BC Ferries as pandemic sinks revenue

For every dollar the province spends the federal government will match

Bad behaviour at B.C. restaurants ignites campaign calling for respect

“If you can’t follow the rules, then stay home,” says BC Restaurant and Foodservices Association

Over half of Americans oppose Trump tariff on Canadian aluminum: survey

The survey was conducted Aug. 7 to 9 among 1,513 Canadians and 1,003 Americans

Oh baby, what a birthday gift: $2.8M raised to help B.C. boy with rare disease

‘We are very thankful to everybody,’ Aryan Deol’s father says

‘Huckleberry’ the bear killed after B.C. residents admit to leaving garbage out for videos

North Shore Black Bear Society said it was local residents who created a ‘death sentence’ for bear

Police investigating after insults, expletives yelled at federal minister’s staff

A 90-second video circulating on social media appears to have been shot by the person who was yelling

5 B.C. First Nations call out Canada for ‘discriminatory’ food fish practices

West Coast nations say government ignoring court-won right to chinook and coho

Most Read