If police think you’re distracted by someone else using a phone, there’s a charge for that.
“If a driver is interacting with somebody using an electronic device and recording him, that driver’s attention is diverted from the act of driving,” said RCMP Corporal Mike Halskov, spokesman for B.C. Highway Patrol. “That’s an offence.”
But, if you’re not physically touching or otherwise using a phone, you shouldn’t be charged in British Columbia with using an electronic device while driving – a $368 fine and four points, Halskov said.
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It’s tough to successfully fight a ticket for using an electronic device while driving, says Kyla Lee, a criminal lawyer in Vancouver.
“Typically the evidence consists of the officer’s observations of a person using the device,” Lee said. “Most police officers won’t issue a ticket unless they see the phone in the hand, so then it’s basically clear.”
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