It would appear that just like here in Alberta, BC's distracted driving law is not having the desired effect.
Police both here and in BC are reporting that they're handing out more and more tickets and that drivers still aren't getting the message.
Police chiefs in Alberta have floated the idea of issuing demerits with a distracted driving ticket, but police in BC are pushing for a different approach. The B.C. Association of Municipal Chiefs of Police wants the power to seize drivers cell phones, for up to five days.
For his part, Alberta's justice minister says he's watching how things develop in BC with this idea, but suggested that it's not on his radar right now. However, he didn't rule it out either.
Don't forget, Alberta borrowed many elements of BC's controversial impaired driving law, so it wouldn't be a surprise to see us follow their lead again.
One of the more controversial aspects of Alberta's impaired driving law is how it allows police to issue penalties (i.e., licence suspension and vehicle seizure) on the spot. Police are supposed to gather evidence and lay charges, but their role isn't supposed to involve findings of guilt and handing out penalties.
That would be the same issue with the proposal to seize cell phones. A distracted driving ticket is essentially a police allegation that you are guilty of the offense. You can pay the ticket, and therefore plead guilty, or you can go to court where a judge will determine guilt or innocence.
If we want those convicted of distracted driving to then lose their phones for a period of time, that might be something worth considering.
We should not allow police to seize phones, because at that point, the accused has not been convicted of anything and should therefore not be punished.
Whatever concerns exist over distracted driving, it shouldn't be an excuse for allowing police to overstep their bounds.
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