Distracted Driving

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 Tannhauser

BC Courts Coat of ArmsThe B.C. Court of Appeal has ruled that having a disabling app on your cell phone cannot form a successful defence. Following an acquittal in traffic court that was upheld by the Supreme Court, the Court of Appeal has allowed the Crown's appeal and ordered a new trial.

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.

Canada Road Safety Week 2020

Slow down and save lives is the message for Canada Road Safety Week 2020. Road Safety Week started in 1985 as a national effort by the Canada Safety Council to promote the use of seatbelts. Since then, it has focused on the four most common contributors to road casualties: not wearing seatbelts, driving while impaired by alcohol or other drugs, aggressive driving and distracted driving.

Spring Distracted Driving Campaign

No Phone#EyesFwdBC! It's distracted driving campaign time. ICBC tells us that distracted driving is responsible for 26% of collision fatalities in B.C. each year. On average, 76 people die each year in a crash where distracted driving is a contributing factor.

CASE LAW - Eide v Judicial Justice Brent Adair

BC Courts Coat of ArmsJarod Eide was ticketed for using an electronic device while driving on December 13, 2017. He did not enter his dispute of the allegation within the required 30 days of having received the ticket. Subsequently, he applied for an extension of time to dispute on May 11, 2018 and it was denied by Judicial Justice Adair.

VIDEO - Brad Gorski on the Risks of Distracted Driving

VideoBrad Gorski is a 30 year-old resident Vancouver, B.C. who enjoys taking in the city and spending time with his family and friends. He experienced the dangers of distracted driving first hand by driving and texting, failing to stop for a red light. He was hit by a heavy truck and tells his story in this TEDx video.

CASE LAW - R v Partridge

BC Courts Coat of ArmsOn August 21, 2018 Philip Partridge was observed by police looking downward while driving. After being stopped, it was noted that he had a cellphone wedged between the folds of the passenger seat with the screen facing him. The screen was not lit when the officer looked inside Mr. Partidge's vehicle.

HERGOTT LAW - Brain on the Road

Hergott Law logo In this article Paul discusses inattention blindness. "A phenomenon that occurs when the brain is engaged in something else besides driving and your brain fails to process some of the available visual information." The conclusion is that our focus must shift from “hands on the steering wheel” and “eyes on the road” to “brain on the road”.

Distracted Driving Laws in B.C.

Stop Distracted Driving@KostelecPlan asked a couple of good questions on Twitter this week. He wanted to know what the distracted driving laws in BC are and would I share my thoughts on media outlets using video footage submitted by distracted drivers in their news stories.

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