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

Chilliwack on the map for Salmon Arm Roots and Blues

Canadian music legends confirmed for 28th annual music festival

Priest Camp near Summerland was created in 1845

Agreement formed between Grand Chief Nicola (1793-1859) and Father Giovanni Nobili (1812-1856)

Princeton snow removal costs top $40k in December

Costs of snow removal to the Town of Princeton skyrocketed in December.… Continue reading

Province says it is monitoring AIM’s road maintenance

The provincial transportation ministry is working closely with new road contractor AIM,… Continue reading

Princeton – a Prince Town in waiting?

The Town of Princeton has been waiting 160 years for a Royal… Continue reading

17 Husky pups rescued from Interior B.C. property find new homes

The BC SPCA caught the moment on video the last puppy, Uki, met his owners

Warm ‘blob’ could be behind mass starvation of North Pacific seabirds: study

Unprecedented death toll raises red flag for North American marine ecosystems

VIDEO: Vancouver Island mom shares ‘insane’ experience of viral dinosaur video

Tabitha Cooper filmed her costumed sons meeting their grandma at the Victoria International Airport

Samajam gets Okanagan kids in the groove

Children make music at Performing Arts Centre show Saturday

Human rights tribunal to hear case regarding alleged violation at Okanagan school

An Okanagan mother alleges a school did not make accommodations for her daughter’s seizure disorder.

Vancouver Island home to one of Canada’s largest private skateboard collections

Eric Pinto owns hundreds of boards, spanning multiple decades

North Okanagan woman pleas for return of stolen scooter

‘It’s been another kick in the teeth… how do you get ahead and keep your head above water?’

Police search for owner of another icy sailboat on Okanagan Lake

The frozen vessel was spotted near the 800 block of Manhattan Drive in Kelowna

Most Read