Supreme Court of B.C. rejects second appeal of ticket issued for use of cellphone while driving

A B.C. man has lost a second appeal made against a $368 ticket he received for use of a cellphone while driving.

According to a ruling from Justice Shelley Fitzpatrick, on Dec. 15, 2021 Surrey RCMP Const. John Fenety was conducting electronic device and seatbelt enforcement at the intersection of 64th Avenue and 176 Street.

While traffic was stopped at a red light, Fenety walked between two vehicles and observed Owais Ahmed Nasir Mirza in a car with an unlit cellphone laying horizontally on his right thigh facing up.

Fenety directed Mirza to a nearby Chevron where he checked his driver’s licence and insurance papers and issued him a ticket for using an electronic device while driving. The penalty for this offence is $368 and four penalty points.

Mirza disputed the ticket, with the case going to the provincial court of B.C. where the judge ruled against him.