Many people contact us after receiving tickets to point out errors police officers made on the face of the ticket. They want to know whether these errors may invalidate these tickets. Whether an error will affect the validity of your ticket depends upon the type of error that was made.
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If you do not file your ticket in dispute, your ticket will be deemed not disputed. This is considered the same as pleading guilty to the ticket. You are admitting that you are responsible for committing the offence, and the fine amount will be assessed against you.
B.C.’s attorney general and solicitor general said last week’s talks with the federal government over bail reform were a success, but as Emad Agahi reports, there are doubts about what kind of repeat offenders will be affected by the change.
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“Instead of the state having to prove why you should be denied bail, you have to prove why should be granted bail. It’s likely that we’re going to see changes to the Criminal Code to create reverse onus bail in situations of violent offences – probably those specifically involving firearms.”
“I think that we will not see as many changes as what the provinces are asking for. Particularly, when it comes to people who are on bail for repeat property crime offences…”
The province’s distracted driving laws are under the microscope again. Last week we told you about how police and even ICBC — don’t fully understand the rules. Experts tell Global News the confusion is a clear indicator that the laws need to be rewritten. Aaron McArthur reports.
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“So we also have a problem where the federal government is not talking to the provincial government when it comes to regulating technology in vehicles…”
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Despite it being Distracted Driving Awareness Month in British Columbia, the public auto insurer’s attempts to spread safety messaging are receiving more criticism than being effective in educating the public.
Although ICBC has attempted to clarify their intention, they posted a tweet on Monday instructing viewers to “Watch this if you’re unsure about where you can and can’t put your phone while you’re driving.”
A member of the ICBC road safety team explains where you are allowed to and not allowed to keep your cellphone in the car
“You probably know that when you’re driving it’s against the law to have your phone in your hand, in your lap, or even on the seat beside you,” Harvey Kooner says in the footage.
However, it’s the last detail that has many calling the insurer out. It’s in fact, totally legal for you to have your phone on the seat next to you — provided you are not using it.
“ICBC is currently running an ad on Twitter that actually misstates the law. I would know because I took the case to B.C. Supreme Court to get a ruling from the court specifically to indicate that it is lawful to have your phone sitting loose in your cupholder, loose in the car, on the passenger seat, so long as you’re not touching it or doing anything that’s defined as use within the Motor Vehicle Act”
Kyla Lee on City News
Kyla Lee, a criminal lawyer in Vancouver, was among those to call ICBC out, urging the insurer to “stop spreading misinformation.”
“R. v. Partridge 2019 BCSC 360 clearly says it’s totally lawful to have it on the seat beside you,” she wrote in a tweet.
Lee explains the prohibition in the Motor Vehicle Act involves “actively using” your phone “and is connected to actions involving the phone.”
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A video, presented by a member of the ICBC Road Saftey department, claims that having your phone loose on the seat beside you is illegal, but Vancouver lawyer Kyla Lee says this is not an accurate representation of what the province’s cellphone usage while driving law states.
“ICBC has, since the law was brought in, taken the position that the law prohibits more than it actually does,” she states.
Because of this inaccurate information, numerous tickets have been issued by law enforcement officers for drivers who have their cellphone loose in the vehicle. Lee herself challenged the decision and it went to the BC Supreme Court in 2019.
In the case of R. v Partridge, 2019 BCSC 360 (CanLII), the Crown reportedly conceded that it is indeed lawful to have your phone in the cupholder or on the seat next to you so long as you are not using it.
“We asked for a reported judgment to try to make the law clear as a bell. To my dismay, the misinformation about what is and is not legal with a cell phone continues.”
Kyla Lee on Vancouver Is Awesome
Lee concedes that the distracted driving law may not be clear, but she believes that spreading inaccurate information by ICBC and government agencies is making the lack of clarity worse. Lee also asserts that this misinformation leads to confusion among the public and police officers, resulting in more improper tickets being issued. She has publicly criticized ICBC through social media for their actions.
