Distracted Driving month initiatives have one B.C. lawyer calling into question how recent legal decisions align with police department’s understandings of the law.
Earlier this month, the Surrey RCMP and the Surrey Police Service joined forces with ICBC for “Operation Hang Up,” a campaign to remind drivers to leave their phones alone while driving.
Surrey RCMP and Surrey police service were at Highway 10 and 152 Street looking for drivers who were on their phones. Anyone caught was issued a ticket. Cell watch volunteers were also reminding drivers to leave their phones alone.
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Kyla Lee, a Vancouver defence lawyer, told the Now-Leader that this is not the case.
In 2019, Lee took a case to the B.C. Supreme Court where the Judge ruled it is not illegal to have your phone loose on your passenger seat or in the cup holder. Lee said what it comes down to, is whether or not you are actively using your phone.
“Nobody is trained or informed of the law, nobody’s actually clearing their comms through a lawyer who’s familiar with it,” Lee said.
“The public messaging is incorrect. No wonder the public’s confused.”
Lee added that a lot of confusion stems from the fact the laws need to be updated to align with technology.
Read the story here.