‘It’s not on’ defence fails to sway judge in Kelowna

Man ticketed for using an electronic device while driving, despite it not being in use.

A Kelowna man learned the hard way that whether it’s being used or not, mobile phones are off limits while driving.

Samuel Austin Bainbridge was pulled over on Enterprise Way in September 2016 and fined $368 for using an electronic device.

What he explained at the time, and again last month while appealing the fine, was he wasn’t actually using the phone when he was pulled over.

“I wasn’t communicating with anyone,” said Bainbridge, at the time of the offence. “Force of habit to have phone in my hands.”

According to evidence presented, he may have been telling the truth. The officers said Bainbridge did not have the phone up to his ear, his lips weren’t moving and there was no light emanating from the screen. He was not operating any of the phone’s functions such as a phone call, texting, GPS, charging the phone or listening to music through the phone.

Bainbridge tried to argue that the officers should have to prove that the phone was in use to apply the fine, but Justice Justice Brian Burgess rejected that defence.

Burgess, in his decision, highlighted that the Motor Vehicle Act states: A person must not use an electronic device while driving or operating a motor vehicle on a highway. Section 214.1 of that law provides some definition on what use is, and it includes simply holding the device in a position in which it may be used.

READ MORE: KELOWNA COPS CRACK DOWN ON CELL PHONE USING DRIVERS

“Bainbridge, by holding the phone in his right hand while driving was holding the phone in a position in which it may be used,” Burgess wrote.

“Based on the evidence before me Crown has proven its case beyond a reasonable doubt and I find Mr. Bainbridge guilty of this offence … The fine will be the ticketed amount payable by April 30.”

ICBC reports that distracted driving kills 78 people a year. In an effort to curb it, ICBC’s Driver Risk Premium program was put into effect March 1.

VIDEO: CHECK OUT THIS DISTRACTED DRIVING SIMULATOR

As previously announced, drivers with two convictions for the use of electronic devices while driving over a three year period will now face added and higher premiums. They could pay as much as $2,000 in penalties – an increase of $740 over the previous penalties –in addition to their regular vehicle insurance premium.

Two pilot projects exploring how technology can help combat distracted driving in our province are also underway, as announced in the fall. ICBC is working with 139 volunteer drivers from across the province on a three-month pilot. Drivers will share feedback about their experiences with a small telematics device installed in their vehicle which blocks the use of their handheld phone when the participant is driving.

Starting this month, police will also begin to test new distracted driving scopes with further abilities to capture dangerous driving behaviours. Police will be testing the units for usability and effectiveness in all weather and traffic conditions.

To report a typo, email:
newstips@kelownacapnews.com
.


@KelownaNewsKat
kmichaels@kelownacapnews.com

Like us on Facebook and follow us on Twitter.

Just Posted

Salmon Arm library to undergo upgrades over the winter

New meeting space planned for Okanagan Regional Library’s Salmon Arm branch

Man on scooter injured after being struck by semi on Trans-Canada Highway

Sicamous resident suffers non-life-threatening injuries, charges pending for semi driver

North Okanagan-Shuswap fundraiser delivers for charities

Armstrong Regional Cooperative’s Fuel Good Day raises $10,000 in Vernon, Armstrong and Salmon Arm

Salmon Arm landfill accepts used oil and anti-freeze for recycling

Partnership with Oil Management Association opens recycling opportunities

Algae in Salmon Arm Bay dissipates

Testing by Interior Health indicates low levels to no toxins in the algae

VIDEO: B.C. deer struggles with life-preserver caught in antlers

Campbell River resident captures entangled deer on camera

Could cannabis help keep people in B.C. on treatment for opioid addiction?

People on opioid agonist treatment face lower risks of overdosing, BC Centre on Substance Use says

Around the BCHL – Trail Smoke Eater grad to captain NCAA Michigan Tech Huskies

Around the BCHL is a regular look at the BCHL and goings-on throughout the junior A world.

More spots on Ale Trail to sample a cool beer

Salmon Arm, Vernon, Kamloops make up the Triang-ale Trail featuring six craft breweries

Thieves escape after man claims his wife is giving birth

RCMP searching for suspects in brazen daytime break in

Vernon attempted murder suspect denies legal aid

Tyson Cole said he will seek representation on his own

Rural Canada Post carriers could see 25-per-cent pay hike: spokesman

An arbitrator has released a ruling in a long-standing pay equity dispute at Canada Post

Seventh day of searching for missing plane between Edmonton and Chilliwack

Search efforts are concentrated along the Highway 5 corridor between Valemount and Kamloops

Freeland brings optimism back to NAFTA talks

NAFTA talks resume in Washington

Most Read