Ten seconds was enough to uphold a $275 fine given to a Kelowna visitor last year.
In, Brenton Klause was travelling from Victoria to Saskatchewan when he found himself on Highway 97 near Richter Street and seemingly sa国际传媒榣ostsa国际传媒� on April 19, 2018.
According to Klausesa国际传媒檚 testimony, he was using the phonesa国际传媒檚 navigation system while it was in one of the carsa国际传媒檚 slots. A car in-front of Klause slammed on its breaks and when Klause braked, the phone slid from its slot. When Klause went to pick the phone up and put it back, it was then when the RCMP officer, who was on a motorcycle, saw him and stopped the car.
sa国际传媒�(Klause) said he was not texting or communicating with the device,sa国际传媒� reads the court documents.
sa国际传媒淗e said he touched the phone and put it back in its slot. It might have been 10 seconds.sa国际传媒�
A $275 ticket was given to Klause for sa国际传媒渦se of an electronic device while driving.sa国际传媒�
RCMP Const. Bevan noted in his testimony that he would agree that Klause was not using the phone to communicate, but testified that the phone was being held in hand above the carsa国际传媒檚 centre console.
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In the court documents from Sept. 18, Klause took the ticket to traffic court where he attempted to appeal the fine by referring to the Motor Vehicle Actsa国际传媒檚 definition of sa国际传媒渦se.sa国际传媒�
Judicial Justice Brian Burgess upheld Klausesa国际传媒檚 guilt of the ticket, stating that a phone being used for navigation cannot be held in hand, even for the briefest of moments.
sa国际传媒淪imply having it in hand even momentarily is holding it in a position which it may be used,sa国际传媒� Burgess details in the online documents.
sa国际传媒淥perating a device for navigational purposes, it must be securely fixed to the motor vehicle and (it) was not.sa国际传媒�
Burgess concluded that the Crown proved its case beyond a reasonable doubt and Klause was stuck with the $275 fine.
More information on the court ruling can be found .
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