[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/warnetthallen.com\/holding-a-disabled-cell-phone-still-counts-as-distracted-driving\/#BlogPosting","mainEntityOfPage":"https:\/\/warnetthallen.com\/holding-a-disabled-cell-phone-still-counts-as-distracted-driving\/","headline":"Holding a Disabled Cell Phone Still Counts as Distracted Driving","name":"Holding a Disabled Cell Phone Still Counts as Distracted Driving","description":"Holding a cell phone while driving, even when disabling software makes it impossible to use, counts as distracted driving in British Columbia according to a recent ruling by the province\u2019s Court of Appeal. The ruling follows a three-year court battle, in which a Vancouver Island man (not represented by Warnett Hallen LLP) was ticketed for […]","datePublished":"2020-06-17","dateModified":"2025-02-12","author":{"@type":"Person","@id":"https:\/\/warnetthallen.com\/author\/warnetthallen\/#Person","name":"Warnett Hallen LLP","url":"https:\/\/warnetthallen.com\/author\/warnetthallen\/","identifier":8,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/05de9a8db316c941221d843d580903732966b9f3f8c338734c57a8535aba495e?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/05de9a8db316c941221d843d580903732966b9f3f8c338734c57a8535aba495e?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Warnett Hallen LLP","logo":{"@type":"ImageObject","@id":"https:\/\/warnetthallen.com\/wp-content\/uploads\/2019\/04\/logo.png","url":"https:\/\/warnetthallen.com\/wp-content\/uploads\/2019\/04\/logo.png","width":406,"height":65}},"image":{"@type":"ImageObject","@id":"https:\/\/warnetthallen.com\/wp-content\/uploads\/2020\/06\/shutterstock_619979819-1-scaled.jpg","url":"https:\/\/warnetthallen.com\/wp-content\/uploads\/2020\/06\/shutterstock_619979819-1-scaled.jpg","height":1707,"width":2560},"url":"https:\/\/warnetthallen.com\/holding-a-disabled-cell-phone-still-counts-as-distracted-driving\/","about":["Car Accident Lawyer","Distracted Driving","Distracted Driving Fines"],"wordCount":576,"articleBody":"Holding a cell phone while driving, even when disabling software makes it impossible to use, counts as distracted driving in British Columbia according to a recent ruling by the province\u2019s Court of Appeal.The ruling follows a three-year court battle, in which a Vancouver Island man (not represented by Warnett Hallen LLP) was ticketed for holding his cell phone on the steering wheel while he was driving.While there was no dispute that he was holding the phone, the man argued that the phone had software that disabled all functions while the vehicle was moving and therefore could not have been a distraction. But according to B.C. Court of Appeal Chief Justice Robert Bauman, a cell phone \u2014 even when it can\u2019t function \u2014 is an electronic device, and electronic devices are prohibited from being handled while driving in British Columbia.At Warnett Hallen LLP, our attorneys applaud this latest decision by the court. Distracted driving is unacceptable under any conditions. Cell phone use is the key contributing factor in the majority of distracted driving accidents in British Columbia. The court\u2019s decision is a firm crackdown on how the handling of a phone, even with no intent to use it, pulls a driver\u2019s attention away from the road.The Dangers of Distracted DrivingAccording to the B.C. government website, drivers fail to see roughly 50 percent of their driving environment when they are using electronic devices. As many as 25 percent of auto accidents can be attributed to distracted driving.Although cell phone use is a key cause of distracted driving crashes, it is not the only one. Other examples include:Eating and drinkingPersonal grooming, such as applying makeupAttending to children in the back seatTalking to passengersSearching for objects, like a purse or briefcaseAdjusting the radio, GPS, or climate controlsUnder the Motor Vehicle Act Part 3.1 \u2014 Use of Electronic Devices, the law at Section 214.1 states that using a cell phone includes:Holding a phone in a position when it could be usedOperating one or more of the device\u2019s functionsCommunicating orally by means of the device with another person or another deviceTaking another action that is set out in the regulations by means of, with or in relation to an electronic deviceBased on the Court of Appeal\u2019s decision, it\u2019s important for drivers to remember that simply holding a phone is enough to warrant a distracting driving offense. Holding your phone means that your hands aren\u2019t fully on the steering wheel and that you won\u2019t have proper control of the vehicle. Focusing on the phone is also a cognitive distraction, meaning that a driver\u2019s mind is not focused solely on the road the way it should be.When You Need a Vancouver Distracted Driving LawyerIf a distracted driving crash in B.C. has injured you or a loved one, it\u2019s possible to seek compensation through a personal injury claim. This money can help cover the cost of medical expenses, lost wages, rehabilitation, and other losses. Most of these claims are resolved in settlements with ICBC, but recent changes to the law limit how much certain car accident victims can receive. The best way to learn what you may be entitled to is by contacting an experienced ICBC lawyer at Warnett Hallen LLP.Ready for help? We\u2019re standing by. Contact our Vancouver law firm today for a free consultation."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Holding a Disabled Cell Phone Still Counts as Distracted Driving","item":"https:\/\/warnetthallen.com\/holding-a-disabled-cell-phone-still-counts-as-distracted-driving\/#breadcrumbitem"}]}]