Little Too Far? Maybe....

[FloatnFly]

Seems kind of steep to me.

 

http://www.ctvnews.ca/canada/albertan-ticketed-for-texting-in-tim-hortons-drive-thru-1.2679849

 

An Alberta man who was issued a nearly $300 ticket for using his mobile phone while waiting in line at a Tim Hortons’ drive-thru says the police officer's actions were “heavy-handed.”

A.J. Daoust says, after he replied to a text message while waiting for his coffee at a Beaumont, Alta., Tim Hortons last week, a police officer knocked on his window, asked him to pull over, and gave him a $287 ticket for distracted driving.

"I said, 'In a drive-thru? Really?'" Daoust told CTV Edmonton. "He was definitely within his rights…but to me this is ridiculous. It's just kind of heavy-handed."

The Alberta Highway Traffic Act restricts drivers from using a hand-held cell phone, texting or emailing while behind the wheel. The legislation applies to drivers on publicly and privately-owned property that drivers are permitted to use for the passage or parking of vehicles.

Jeff Kasbrick, vice president of government and stakeholder relations at Alberta Motor Association, said it's up the discretion of the police officer when to issue a ticket.

"There's the classic, that we see all the time, which is at a red light people will sometimes pull out their cell phones,"Kasbrick said. "That's considered a distraction."

While Daoust acknowledges what he did, he says he may try to have the ticket fine reduced in court.

"It's stupid," he said. "It didn't have to happen, but I guess that's how it goes."

[captpierre]

Didn't think traffic cops have authority on public property.

[dave524]

I can see ticketing a driver stopped at a red light but a Timmies drive thru , really it is the end of the month, quota time

[Gerritt]

Didn't think traffic cops have authority on public property.

Private property

[NANUK]

Definitely heavy handed,

As for private property, yes they can,

Just like they can give you a ticket for not wearing a seat belt while driving in a parking lot.

[crappieperchhunter]

Heavy handed....absolutely.

 

Did it get the point of the law across? Don't know...but I'm willing to bet for this one individual it did. Leave the darn thing alone when you are behind the wheel. Really how hard can that be?

[BillM]

End of the month, can't be too surprised. But yeah, I'd take that to court for sure. I'd love to listen to the officers excuse especially after the media attention.

[wkrp]

Good , he was probably holding up the line.

[lew]

Nuthin worse than a cop on a power trip.

[captpierre]

Private property

Sorry. My bad.

Private property

Edited November 30, 2015 by captpierre

[Gerritt]

Sorry. My bad.

Private property

My bad too, I got a bit confused and had to look it up lol

[Mike Pike]

Ya, I agree with Crappieperchhunter. If you're behind the wheel, the cars in gear( all be it in at drive-thru ), don't touch that thing. I don't know why it's so hard, either.

[solopaddler]

Good , he was probably holding up the line.

 

HAHA! Yeah, the cop was probably right behind him while he ordered 18 coffees and 25 sandwiches. The texting tipped him over the edge.

[Dutch01]

This wouldn't happen in Ontario. Our Highway Traffic Act doesn't apply to private property (except in the case of collision reporting).

[NANUK]

I didn't know Ontario was the only exception.

Thanks for the clarification Dutch .

[Dutch01]

I'm not certain if it's the "only" exception, I can't speak for other provinces.

Edited November 30, 2015 by Dutch01

[gaspumper]

To bad they couldn't do it in all provinces.

[npt1]

I bet that cop would arrest his own mother to score brownie points

with his superiors.

Totally stupid to ticket someone who has a non-moving vehicle in

a drive thru line up.

Ego tripping cop...

[fishing n autograph]

Definitely heavy handed,

As for private property, yes they can,

Just like they can give you a ticket for not wearing a seat belt while driving in a parking lot.

Not in Ontario. Only ticket you can get is failing to report a collision

[fishing n autograph]

Oops lol late to the party

[fishindevil]

Just another cop on a power trip !!!! Nothing new there I have seen cops on their phone & texting while driving ..... 2 weeks ago I watched an OPP stealth car drive past a school bus stopped with its lights on waiting for kids to get out of bus .... Now imagine if that was one of us !!!! We know the results

[DanD]

Question here.

I'm driving and I hear that I got a text or a call. Pull over to the shoulder or parking lot and stop, engine running in gear and I reply to the text or answer the phone.

Am I still breaking the law?

If so what should have I done?

 

Dan.

[fishing n autograph]

No you didn't, if you're pulled over to the side of the road Put your car in park wth your signal on you're fine. If you're in a parking lot the HTA doesn't apply so you're fine if you pull into a parking lot.

 

But I love how the i didn do nuffin comes out when people get caught. People are always quick to assume a cop is on a power trip. Perhaps this gentleman pulled out his Facebook law degree and started acting like a tool and talked himself into a ticket?

 

Of course he's not going to run to the media and say yeah I was being an idiot and broke the law and lipped off. It's always the cops fault lol

Edited December 1, 2015 by FishnNAutographs

[lew]

People are always quick to assume a cop is on a power trip.

 

Not always Dave but they often are.

 

We had a member of this board a couple years back who saw he had a headlight burned out. On the way home from work the same day he stopped at CTC and bought a new one. He was stopped by a cop who gave him a ticket for the burned out bulb. He had the new bulb on the front seat of his car and the time on the bill proved he'd just bought it a few minutes earlier.

 

Tell us THAT cop wasn't on a power trip.

[fishing n autograph]

Yeah it happens but when it's in the news the whole truth isn't told because the guy complaining usually wants his 15 minutes of fame because the police are big meanies.

 

But I'll say this, I started almost ten years ago, back then we were allowed to use discretion and judgement. There are procedures now that tell us we shall charge therefore we have no more discretion. I still use it and give people breaks and I choose to deal with the consequences because the laws allow me to do that.

 

There are however people that are on the jobs that are robots and need to learn discretion etc. and the senior guys see it with the young guys all the time.

 

As well, with some cops it may not be what you think is a power trip, but a lack of common sense and discretion and it has to do with training. It's the thinking "I see an offense and I'll give a ticket". People perceive it as a power trip but it's really not and yes there are guys on the job that puff up their chests and walk around like they don't stink, and usually over time that's a self correcting behaviour lol

Edited December 1, 2015 by FishnNAutographs