The BC Driving Lawyers Instagram account shares driving-related tips like this one every Tuesday. (Devon Bidal/News Staff)

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

The Quesnel Regional Airport hasn’t hosted passenger flights since Central Mountain Air stopped flying into the city in April of 2020 due to a COVID-19 downturn. File Photo
Council trying to attract airlines back to Quesnel

Staff to investigate temporarily waiving landing fees at Quesnel Airport

The KIJHL’s Kamloops Storm players celebrate on the ice at West Fraser Centre after a goal during one of their games in Quesnel in December 2017. Efforts to bring a KIJHL team to Quesnel stalled in 2018 after the league’s executive voted 16-3 against expansion. (Tracey Roberts Photo - Quesnel Cariboo Observer)
Kangaroos fighting GMHL junior expasion into Quesnel

The Senior AA team sent a letter asking council to not support the non-sanctioned league’s efforts

Newly elected Nazko Chief Leah Stump penned a letter explaining the scope of the project. (Photo submitted)
Nazko seeks approval to build housing for members facing lengthy medical visits in Quesnel

The First Nation is looking to build nine units in West Quesnel to help members staying in the city

The trek was made without spectators on Saturday, Jan. 24, 2021. Organizers are planning a second run for February, when they hope public health restrictions are lifted. (Tammy Raynor - Submitted Photo)
As mushers deliver, sled dog mail run organizers announce second event

The dogs made the trip from Quesnel to Barkerville, delivering envelopes of mail for Canada Post

The driver of this truck received minor injuries after it careened off the highway. (Quesnel RCMP Photo)
Semi-truck crashes down 200-foot embankment off Highway 97

The truck also spilled diesel fuel into Cuisson Creek

Dr. Penny Ballem, a former deputy health minister, discusses her role in leading B.C.’s COVID-19 vaccination program, at the B.C. legislature, Jan. 22, 2021. (B.C. government)
B.C. holds steady with 407 new COVID-19 cases Tuesday

14 deaths, no new outbreaks in the health care system

(Pixabay)
B.C. teacher gets one-day suspension after ‘aggressively’ throwing dumbbell at student

Documents show the weight would have hit the student if they didn’t catch it

This 2020 electron microscope image provided by the National Institute of Allergy and Infectious Diseases - Rocky Mountain Laboratories shows SARS-CoV-2 virus particles which cause COVID-19, isolated from a patient in the U.S., emerging from the surface of cells cultured in a lab. THE CANADIAN PRESS/AP, NIAID-RML
B.C. ramping up screening for faster-spreading COVID-19 ‘variants of concern’

B.C. has sequenced about 11,000 COVID-positive samples since last February

A Cessna 170 airplane similar to the one pictured above is reported to be missing off the waters between Victoria and Washington State. Twitter photo/USCG
Canadian, American rescue crews searching for missing aircraft in waters near Victoria

The search is centered around the waters northeast of Port Angeles

Keygan Power with brother Quintin and mom Allison while camping the weekend before Keygan’s brain hemorrhage on Aug. 2, 2020. (Photo Allison Power)
B.C. teen ‘locked inside,’ battling to regain speech after severe brain bleed

16-year-old suffers traumatic loss of function, still plays a mean game of chess

Jonathon Muzychka and Dean Reber are wanted on Canada-wide warrants. (Courtesy of Victoria Police Department)
Convicted killer, robber at large after failing to return to facility: Victoria police

Dean Reber, 60, and Jonathon Muzychka, 43, may be together

B.C. Premier John Horgan listens during a postelection news conference in Vancouver on Sunday, Oct. 25, 2020. THE CANADIAN PRESS/Darryl Dyck
30% of B.C. recovery benefit applications held up in manual review

The province says 150 staff have been reassigned to help with manually reviewing applications

Adam Dergazarian, bottom center, pays his respect for Kobe Bryant and his daughter, Gianna, in front of a mural painted by artist Louie Sloe Palsino, Tuesday, Jan. 26, 2021, in Los Angeles. (AP Photo/Jae C. Hong)
Kobe Bryant’s presence remains strong a year after his death

Tuesday marks the grim anniversary of the crash that took their lives

Surrey RCMP are investigating after a pedestrian was struck and killed at 183 Street and Highway 10 Friday night. (File photo)

Most Read