(File photo)

$275 ticket upheld for Kelowna visitor who held phone for what ‘might have been 10 seconds’

Brenton Klause was using the phone to navigate and moved the phone into its slot

Ten seconds was enough to uphold a $275 fine given to a Kelowna visitor last year.

In provincial court documents, Brenton Klause was travelling from Victoria to Saskatchewan when he found himself on Highway 97 near Richter Street and seemingly ‘lost’ on April 19, 2018.

According to Klause’s testimony, he was using the phone’s navigation system while it was in one of the car’s 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.

“(Klause) said he was not texting or communicating with the device,” reads the court documents.

“He said he touched the phone and put it back in its slot. It might have been 10 seconds.”

A $275 ticket was given to Klause for “use of an electronic device while driving.”

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 car’s centre console.

READ MORE: Police cancel $368 ticket given to B.C. senior for having cellphone in cupholder

READ MORE: New bike lanes completed in downtown Kelowna areas

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 Act’s definition of “use.”

Judicial Justice Brian Burgess upheld Klause’s guilt of the ticket, stating that a phone being used for navigation cannot be held in hand, even for the briefest of moments.

“Simply having it in hand even momentarily is holding it in a position which it may be used,” Burgess details in the online documents.

“Operating a device for navigational purposes, it must be securely fixed to the motor vehicle and (it) was not.”

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 here.

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


@KelownaCapNews
newstips@kelownacapnews.com

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

BC Green Party looking for Central Okanagan candidates

The party only has two confirmed candidates: Sonia Furstenau and Adam Olsen

Lake Country residents invited to online series on dementia

Demystifying Advocacy is a free, two-part series for residents affected by dementia

30 new COVID-19 cases reported in Central Okanagan health region in August

The 30 new cases reported in August brings the total number in region to 239

Allegedly stolen puppy reunited with owners in Kelowna

The puppy was reportedly turned into the RCMP

Vernon centre lights up for visibility amid pandemic

Impact of COVID-19 on live event workers sparks Canadian movement

B.C. reports 91 new cases as officials remain worried over ‘clusters of COVID-19

There have now been a total of 8,395 cases in B.C. since the pandemic began

COVID-19 exposure at Merritt pub

The exposure happened on Sept. 19 at the pub of the Coldwater Hotel

No one found in creek in Vernon water rescue ‘so far’: deputy fire chief

First responders are responding to reports of an individaul stuck in the creek

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Police watchdog investigating after man injured in Penticton RCMP cells

Man suffers serious injuries after being lodged into cells at the detachment

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Four more cases of COVID-19 in Interior Health

There are 31 active cases in isolation in the health region

Canada’s active COVID-19 cases top 10,000 as daily new cases triple over the past month

Dr. Tam repeated her warning to young people, who have made up the majority of recent cases

First 8 months of fatal overdoses in B.C. have now exceeded 2019 death toll

Nine people died every two days in August, BC Coroners Service data shows

Most Read