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

Plenty of heart and lots to love about ‘The Marvelous Wonderettes’

Music and story fits for the show opening on Valentine’s Day at the Chemainus Theatre

Duncan Christian sweeps to junior B girls basketball banner

Michaela Wall leads Chargers past QMS and Quam

Drivesmart column: Parental consent and control of new drivers

A young person’s brain is not fully matured until the age of 25.

Cowichan Piggies play their style of game in Comox

Youngest players get valuable experience

Robert Barron column: Let’s hope the strike is really over

I’m quite curious to see what terms the United Steelworkers agreed to

VIDEO: Minister reports ‘modest progress’ after blockade talks with First Nation

Wet’suwet’en hereditary chiefs say Coastal GasLink does not have authority to go through their lands

Henrique scores 2 as Ducks soar past Canucks 5-1

Vancouver tumbles out of top spot in Pacific Division

Trudeau cancels Caribbean trip amid pipeline protests across Canada

Protests against Coastal GasLink have disrupted rail service

B.C. VIEWS: Inaction on pipeline protests not a viable response

Columnist Frank Bucholtz on how the Coastal GasLink pipeline dispute got so bad

PHOTOS: Top 10 memories of the 2010 Olympics

Black Press Media’s Jenna Hauck, shares some of her most memorable images of 2010 Winter Games

#FoxForFiver: Support grows in B.C. to put Terry Fox on new $5 bill

Terry Fox’ Marathon of Hope raised money for cancer research

Registration opens soon for BC 55+ Games in Richmond

2020 55+ Games have been officially scheduled for Sept. 15 to 19

Trudeau confers with cabinet ministers as rail blockades continue

The Trudeau government has been criticized for not doing more to end the blockades

Canadian nurses’ unions warn national standards for coronavirus protection too low

President says safety protocols nationwide are inadequate compared to those in Ontario and other countries

Most Read