A Gentle Warning About Cell Phone Tickets in BC
Cell phone tickets in British Columbia are widely misunderstood. Many drivers think of them as minor infractions. They are not. In fact, they are considered a “high-risk driving offence.”
What often surprises people is not the big fine. It is how little room there is to fight these tickets once they are issued. The law is strict, the courts are unforgiving, and common explanations that feel reasonable to you and me rarely matter legally.
We’re issuing this gentle warning because most people do not realize the risk until it is too late.
The law is broader than people think
In BC, the offence is not limited to talking on a phone. Using an electronic device includes holding it, touching it, looking at it, or operating any of its functions while driving. The device does not need to be active. The screen does not need to be on. You do not need to be texting.
If the device is in your hand and you are driving, the elements of the offence are often easily met. But the device doesn’t need to be in your hand and “holding” includes resting on your lap.
“I wasn’t using it” is usually not a defence
Drivers frequently say they were not actively using the phone. They may claim they were moving it or they were checking the time. They were putting it away. They were stopped at a light. Those explanations make sense to many of us, but they don’t succeed in court.
The offence focuses on interaction rather than intent. Courts have consistently treated brief handling as sufficient to constitute the offence, even when the driver says it was momentary or incidental.
Being stopped does not mean being parked
Another common misunderstanding is the belief that stopping at a red light or in traffic removes the risk. If the vehicle is in traffic and capable of movement, the law generally treats the driver as driving. Being stationary for a moment does not create a safe window to handle a phone. If the driver is lawfully parked, as in a place for parking and not driving, and the vehicle is in park you may use your phone. That is not the case at a red light or even when stopped for a train.
Many tickets are issued at intersections for exactly this reason.
Police evidence is often enough on its own
Cell phone cases are frequently proven on the observation of a single officer. There is rarely video or other corroboration. Our courts in BC regularly accept an officer’s evidence that they saw a device in a driver’s hand. Once that evidence is accepted, there is little room left to argue.
This surprises people who expect the same level of proof they see in more serious cases. Although the beyond-a-reasonable-doubt standard applies in traffic court, the officer’s evidence will often satisfy the court that this standard is met.
The consequences add up quietly
A cell phone ticket carries a hefty fine and penalty points but the notation on the driving record is just the start. Those points trigger insurance consequences that last longer than most people expect. What looks like a single ticket can affect premiums for years. For professional drivers, new drivers, and anyone with existing points, the impact can be much more serious than anticipated.
Worse still, is the likelihood of a driving prohibition. If you have a class 7 license or a previous recent conviction, the Superintendent can pull your license for months when they see that conviction on your driving record.
Why are we issuing this gentle warning?
Cell phone enforcement in BC is designed to be simple and strict. The goal is deterrence, not discretion. Many drivers learn this only after trying to explain themselves roadside or in court. By then, the legal options are limited. Understanding how little flexibility exists is the best way to avoid the problem in the first place.
Did you get a cell phone ticket?
If you have not received a cell phone ticket, treat cell phone use in a vehicle as a hard line. The law does.
If you have received a cell phone ticket, the first step is to get clear advice about challenging the ticket based on the facts of your case. We’re happy to talk to you about your cell phone ticket and so the best thing you can do is contact us now.