Vancouver PD Unfair Ticket?

thebravo

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I would think having a phone plugged in and charging with no visible sign it was being used wouldn't count as a distracted driving ticket... if it were being handheld or used then I could see that... but it the presence of one in the car is enough then how will one use GPS navigation or such?
 

Got Jeep

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How did they know if it was in the cupholder ?
Yeah, its out of hand for sure. You all need to vote someone in with some sense to stop this bs.
 

NorEaster18

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How on earth could a LEO spot a phone plugged in to charge and sitting in a cup holder? Especially not being used! If this is legit, don't even try to tell me it's about "safety":mad:
 

nighthawk

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Could be she was driving "different" and that's the only reason he could come up with for the stop.
 

Samoyed

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Can you provide the text of the ordinance?
 

thebravo

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That law seems poorly written, If the phone is charging or sitting on a seat unused, then it's not a distraction... it only becomes a distraction of the driver picks it up to use. it might not even be the drivers in that case... what if a passenger has a phone sitting in the cupholder? laws like this are dangerous ruling that you cannot have a device in the car unless mounted in a certain way because there is the potential that it could be used in an unsafe manor. I would think unless the officer observes it being used in an unsafe manor there is no way to prove that anything unsafe was done. Don't get me wrong I hate people that are texting while driving... but I don't feel the need to regulate where their phone is sitting in the car as long as they aren't using it.
 

DC Fluid

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BC LEOs now have new observation techniques to see into the vehicles, and I remember in the news this exact thing of plugged in sitting in the cup holder was an offense under certain conditions.
Maybe she was caught touching it, even just to move or plug it in is an offense.
 

Delaney

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How did they know if it was in the cupholder ?
Yeah, its out of hand for sure. You all need to vote someone in with some sense to stop this bs.
Here in MB the cops have used F250s to look down into cars and catch people texting on cell phones. So it wouldn't surprise me if BC cops do something similar. At least here our cell phone law is reasonable, you just can't hold your cell while driving. BC's law is ridiculous.
 

Twi7ch

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I'm all for distracted driving tickets when the officer puts in the work to ensure they are actually on the phone. But with how the VPD operate I wouldn't be surprised if the phone was legitimately sitting in that cupholder charging.
 

synistyr

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The cop was doing checks at a red light peering into cars..

But from the CBC article:

A spokesperson with the B.C. RCMP's traffic services acknowledged the decision and said distracted driving tickets will be handed out to drivers who are "using" their phone
...
Lee said she's seen cases of drivers being convicted of distracted driving for picking up their phone if it falls off the seat or into the footwell.

"As soon as you touch that phone, if it's not installed in the vehicle in some type of mount or contraption, you are committing the offence," she said.


She wasn't touching or using her phone. She had 2 hands on the wheel, until the cop distracted her.
 

Samoyed

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I can’t access the ordinance. Can someone please post it?
 

Samoyed

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Here it is:


This Act is current to September 25, 2019
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.
MOTOR VEHICLE ACT
[RSBC 1996] CHAPTER 318
Part 3.1 — Use of Electronic Devices while Driving
Definitions
214.1
In this Part:
"electronic device" means
(a)a hand-held cellular telephone or another hand-held electronic device that includes a telephone function,
(b)a hand-held electronic device that is capable of transmitting or receiving electronic mail or other text-based messages, or
(c)a prescribed class or type of electronic device;
"use", in relation to an electronic device, means one or more of the following actions:
(a)holding the device in a position in which it may be used;
(b)operating one or more of the device's functions;
(c)communicating orally by means of the device with another person or another device;
(d)taking another action that is set out in the regulations by means of, with or in relation to an electronic device.
Prohibition against use of electronic device while driving
214.2
(1) A person must not use an electronic device while driving or operating a motor vehicle on a highway.
(2)Without limiting subsection (1), a person must not communicate by means of an electronic device with another person or another device by electronic mail or other text-based message.
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In the United States, the likely constitutional defense under our due process clause in the 14th amendment would be that it is void for vagueness, and is violative of procedural due process. Unfortunately, the legislature of the province delegated rule making power and I have no idea what those regulation provide. I merely suspect a prosecutor can make a prima facie showing of use merely by the officer’s oral testimony that the device was on at the time the driver was operating the vehicle. At this point, the burden would shift to the defendant to show that although the device was on, it was not used for ANY purpose for some period before the stop, and at the stop.
 
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Run4donut

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Run4donut

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The media got involved and the ticket was cancelled today...
Just heard it on the radio. These cops need to be held accountable.
 

Samoyed

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There is nothing dumber than a cop, not even a hammer.
 

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