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$275 ticket upheld for Kelowna visitor who held phone for what 㽶Ƶֱmight have been 10 seconds㽶Ƶֱ

Brenton Klause was using the phone to navigate and moved the phone into its slot
18929803_web1_texting-and-driving
(File photo)

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 㽶Ƶֱlost㽶Ƶֱ on April 19, 2018.

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

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

㽶ƵֱHe said he touched the phone and put it back in its slot. It might have been 10 seconds.㽶Ƶֱ

A $275 ticket was given to Klause for 㽶Ƶֱuse of an electronic device while driving.㽶Ƶֱ

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㽶Ƶֱs 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 Act㽶Ƶֱs definition of 㽶Ƶֱuse.㽶Ƶֱ

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

㽶ƵֱSimply having it in hand even momentarily is holding it in a position which it may be used,㽶Ƶֱ Burgess details in the online documents.

㽶ƵֱOperating a device for navigational purposes, it must be securely fixed to the motor vehicle and (it) was not.㽶Ƶֱ

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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