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Kyla Lee on CBC News

Kyla Lee on CBC News

Being charged with distracted driving in British Columbia is getting a little bit harder, after a B.C. Supreme Court judge recently ruled that simply having a cell phone within sight of the driver isn’t enough for a conviction.

The case came up when a B.C. driver was given a hefty ticket for distracted driving because his phone was wedged in the passenger seat, even though he wasn’t touching it.

“This case is important because there was a real lack of clarity in the law and inconsistency in judgments from traffic court,” said Vancouver-based criminal lawyer Kyla Lee, who represented in the case.

“Some justices were saying that you had to have it affixed to the vehicle, some were saying loose in the vehicle is totally fine. Police officers were inconsistently enforcing [distracted driving rules].”

To read the full article and to listen to the recorded interview, click here. 

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