Albertan ticketed for texting in Tim Hortons drive-thru

[GameBoy27]

This cop has to be up for the douchebag of the year award!

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."

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

 

[GPIDEAL]

That's where Harper lives.

 

[shack]

With oil revenues down in Alberta, they need new revenue streams.

 

[rhuarc29]

I'm of a mind that distracted driving tickets should only be for that: distracted driving! As in your vehicle is moving! Anything else is just stupid. Even checking your phone at a red light should be fine, though if you hold up traffic you should be issued a ticket for impeding traffic (not distracted driving).

Distracted driving is a serious charge and a serious issue, but is serious only because it creates a very dangerous situation. That's not the case when you're sitting in a line-up at Tim Hortons.

 

[GameBoy27]

I'm of a mind that distracted driving tickets should only be for that: distracted driving! As in your vehicle is moving! Anything else is just stupid. Even checking your phone at a red light should be fine, though if you hold up traffic you should be issued a ticket for impeding traffic (not distracted driving).

I'm totally with you on that. Texting while driving is dangerous and cops should be targeting those people. I've never heard of someone crashing into another car while stopped because they were texting. Have I been at a light when the car in front fails to move when it goes green? Yes. Annoying? Yes. Dangerous? No.

Distracted driving is a serious charge and a serious issue, but is serious only because it creates a very dangerous situation. That's not the case when you're sitting in a line-up at Tim Hortons.

Exactly!!! Nail the fuckers texting while in motion. I see them every day on the roads. Hell, quadruple the fines and impound the person's vehicle for a week while texting on 400 series highways.

I had to laugh at some of the comments from people who thought it was so dangerous to text in the drive-thu line and that the guy got what he deserved. These are the same people who will look down to reach into the glove box or remove their seat belt to get change in the same line.

I'm sure these people once they get their coffee and donuts pull over to the side of the road or into a parking lot, shift into park and turn off their engine before they flip open the lid and take a sip or unwrap and eat their food. They would never do that while stopped at a light, no never. Fucking hypocrites!

 

[Brotherman]

Let the cross-examination begin!

 

[nottyboi]

This is a perfect example why we cannot pass laws that are vague and expect douchebag cops to exercise common sense.

 

[**Sophie**]

First of all from what I remember you cannot give a ticket on private property, Tim Hortons is private property so what the cop did was illegal. The guy should fight the ticket, and will most likely win.

 

[wilbur]

First of all from what I remember you cannot give a ticket on private property, Tim Hortons is private property so what the cop did was illegal. The guy should fight the ticket, and will most likely win.

The law applies to private property as well; but you are right. Anyway, you don't need a driver's license to drive a car on private property. So it would be ironic if the cops could walk on your private racetrack and give you a ticket for texting, but not for driving without a license or with an unregistered car. He should get the judge to throw out the charge.

I remember that police do not get involved in vehicle accidents that happen in shopping mall parking lots because the highway traffic act does not apply on private property. So are the cops now going to attend fender benders in private parking lots? Or is there a double standard?

 

[**Sophie**]

I did not know the texting law was applied to private property as well; That's simply asinine. So does that mean if I'm sitting in my driveway texting my SO to come outside and help me with the groceries or something (just an example I wouldn't do this lol) and a cop sees that, he can pull into my house and issue me a ticket?

The law applies to private property as well; but you are right. Anyway, you don't need a driver's license to drive a car on private property. So it would be ironic if the cops could walk on your private racetrack and give you a ticket for texting, but not for driving without a license or with an unregistered car. He should get the judge to throw out the charge

 

[whitewaterguy]

I did not know the texting law was applied to private property as well; That's simply asinine. So does that mean if I'm sitting in my driveway texting my SO to come outside and help me with the groceries or something (just an example I wouldn't do this lol) and a cop sees that, he can pull into my house and issue me a ticket?

....but texting in the parking lot to notify my incall hostess of my arrival...I can see becoming a problem...for a number of reasons now!

 

[Mr Deeds]

Will be dismissed before it goes to court. The driver was on private property so under the highway traffic act the cop has no jurisdiction.

 

[JohnHenry]

I did not know the texting law was applied to private property as well; That's simply asinine. So does that mean if I'm sitting in my driveway texting my SO to come outside and help me with the groceries or something (just an example I wouldn't do this lol) and a cop sees that, he can pull into my house and issue me a ticket?

The Ontario Highway Traffic Act does not apply on private property, but the Alberta one does apparently. The first post says the law applies in parking lots.

 

[TESLAMotors]

I did not know the texting law was applied to private property as well; That's simply asinine. So does that mean if I'm sitting in my driveway texting my SO to come outside and help me with the groceries or something (just an example I wouldn't do this lol) and a cop sees that, he can pull into my house and issue me a ticket?

I would probably guess that would be a big fat YES.
If I'm not mistaken and someone correct me if I'm wrong, if you're drunk and simply sit behind the wheel with the keys in the ignition, you can be charged.

This cop was a total dick and clearly had a bad day or some bad news came across his way.

 

[FAST]

the guy should have known better than to break the law at the cop's satellite office.

:biggrin1:

FAST

 

[**Sophie**]

I would guess that would be a big FAT NO, but I'm not an expert. There's no way a cop has the right to drive into my driveway to give me a ticket for texting while I'm on my own personal private property.

I would probably guess that would be a big fat YES.
If I'm not mistaken and someone correct me if I'm wrong, if you're drunk and simply sit behind the wheel with the keys in the ignition, you can be charged.

This cop was a total dick and clearly had a bad day or some bad news came across his way.

 

[oral.com]

The unfortunate reality is the smartest and most capable cops do not work traffic. Traffic cops are scraped from the bottom of the gene pool.

 

[**Sophie**]

Gotcha!:thumb: Missed that important part.

The Ontario Highway Traffic Act does not apply on private property, but the Alberta one does apparently. The first post says the law applies in parking lots.

 

[maurice93]

The article states for Private Property that has passage of traffic. I doubt a driveway would qualify as a passage of traffic, but a drive thru or lanes in a parking lot would.

 

[benstt]

According to this article, Ontario is an exception to the rule on how HTA's apply to private property like parking lots. I don't know if this fully applies to cell ohones, but might explain away the situation where drivers are unlicensed but using a cell - drivers need licenses outside of Ontario when driving in parking lots. The full rules of the road are in force.

http://www.theglobeandmail.com/glob...-shopping-centre-parking-lots/article4216574/