Distracted Driving

CASE LAW - R v Shelford

Tania Shelford is a company driver whose vehicle is equipped with a two way mobile radio that allows her to contact her dispatcher. She was using that radio to acknowledge the end of her shift when she was observed by an RCMP officer who stopped her and issued a traffic ticket for distracted driving. She disputed the ticket.

CASE LAW - R v Payman

BC Courts Coat of ArmsKayvan Payman was ticketed by the Vancouver Police Department for using an electronic device while driving. His hearing was set and on that day he applied to have the matter adjourned. The court denied the adjournment so Mr. Payman pled guilty.

Sentencing was adjourned to a later date and the officer prosecuting advised the court he would be seeking a driving prohibition as part of the penalty.

CASE LAW - R v Bleau

BC Courts Coat of ArmsThe rules surrounding the use of electronic devices while driving have been refined by the BC Supreme Court yet again in the case of R v Bleau. Ryan Bleau was charged for having his smartphone sitting in his vehicle's cupholder using it to listen to a podcast while he drove to work. He was convicted of the offence in traffic court.

CASE LAW - R v Grzelak

BC Courts Coat of ArmsPatrick Grzelak has a habit of driving while wearing earbuds that are attached to his iPhone because they help block out the drone of the highway. He was stopped by police and issued a violation ticket for using an electronic device while driving. A dispute of that traffic ticket was not successful so he appealed his conviction to the supreme court of BC.

CASE LAW - R v Tang

BC Courts Coat of ArmsHao Bin Tang is a class 7 new driver and as such is prohibited from using an electronic device while driving. He was checked driving over the speed limit, flagged to the side of the road and approached by an officer who found Mr. Tang with both hands on a lit cell phone with his head down. In addition to the speeding ticket, the driver was also issued a ticket for using the electronic device which he disputed.

CASE LAW - R v Rajani

BC Courts Coat of ArmsOn March 15, 2019 Zahir Rajani was issued a violation ticket for using an electronic device while driving. He had been observed by police to be looking down while driving his vehicle. When stopped, it was discovered that Mr. Rajani had a cell phone in his lap, facing up, connected by cord. The constable could not say if the screen was lit or not. Mr. Rajani disputed the ticket.