distracted driving

BC Supreme Court Case Exposes Absurdity in Distracted Driving Laws

supreme court distracted driving

A recent decision released from the BC Supreme Court exposes what is clearly an absurdity in BC’s distracted driving legislation.

As I have said numerous times, the distracted driving legislation in British Columbia is not connected to common sense or rational thinking. It is a series of prohibitions on certain acts, many of which do not pose a danger to the public, while permitting acts that may objectively be more dangerous.

This recent case highlights how poorly-crafted the legislation truly is. …

BC Supreme Court Case Exposes Absurdity in Distracted Driving LawsRead More »

BC Supreme Court Case Exposes Absurdity in Distracted Driving Laws Read More »

How Many Tickets Until I Lose My License?

How Many Tickets Until I Lose My License

A lot of people call me to ask about how many tickets they can get before they lose their license. People are concerned that having a certain number of points or a minimum number of tickets will trigger a driving prohibition.

So I will answer this question for anyone who is wondering how many tickets it will take for them to lose their driver’s license. …

How Many Tickets Until I Lose My License?Read More »

How Many Tickets Until I Lose My License? Read More »

BC Court Rules Having Phone on Lap not Against the Law

having phone on lap is not distracted driving

In a recent decision from traffic court, the BC Provincial Court has provided further clarity to the seemingly-endless grey area that is the distracted driving laws in British Columbia.

In this case, Ms. Wylie was seen driving with her phone plugged and sitting on her lap. The screen was not illuminated and she was not touching the device. The officer who ticketed her argued that simply having a phone resting on or near her lap was using it. Ms. Wylie testified that the phone was next to her leg and was charging.

You can find the judgment here. …

BC Court Rules Having Phone on Lap not Against the LawRead More »

BC Court Rules Having Phone on Lap not Against the Law Read More »

Another Distracted Driving Ticket Overturned on Appeal

As if there has not been enough confusion about distracted driving laws, it appears that yet again confusion over what is permissible has led to an improper conviction for one driver.

The most recent case overturning a distracted driving ticket is that of R. v. Ali. This is yet another case where the officer observed a cell phone charging in a cup holder, and this evidence formed the basis of the conviction.

But, for reasons I discuss in this blog post, this case is a little more complex.

…

Another Distracted Driving Ticket Overturned on AppealRead More »

Another Distracted Driving Ticket Overturned on Appeal Read More »

Is pulling over to use your phone distracted driving?

Using an electronic device while driving is naughty

An interesting case provides some guidance as to when the prohibition against using an electronic device inside a vehicle does not apply. We all know that you cannot use your phone or any other electronic device while you are driving, but there are some exceptions. For instance, you may use a phone to call or message emergency services if it is an emergency. …

Is pulling over to use your phone distracted driving?Read More »

Is pulling over to use your phone distracted driving? Read More »

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