When Josh Delgado was pulled over at a red light in Saanich this week, initially, he wasn’t worried.

“I wasn’t sure what was going on, but I wasn’t concerned I was getting a ticket that’s for sure,” said Delgado.

To Delgado’s surprise, he was slapped with a distracted driving fine.

He says his phone was in a cupholder charging, facing away from him, while connected to Bluetooth.

“I’m not on it, and [the police officer said] well I saw you glance down. I mean it’s turned away even if I glanced down,” said Delgado.

“So I’m stuck with a $368 fine and four demerit points.”

In Vancouver just last week, a senior had a similar phone-in-cup-holder ticket, tossed.

But Saanich Police who issued and reviewed this ticket, says this one, will stand.

Enforcement varies from detachment to detachment.

But to get issued a ticket, all it takes is one look down at your phone.

“As soon as you look at your phone, you’re using it,” said Const. Stephen Pannekoek.

“Maybe you look down to that seat, or that cupholder, that is considered use.”

And across B.C. distracted driving is the most dangerous thing on the roads right now.

“Any device that’s electronic that takes your eyes off the road, you’re as dangerous or more than a drunk driver to the public, and that’s terrifying,” said Const. Pannekoek.

Delgado now plans to head to court to challenge the ticket.

“I’ll be getting representation and I guess I’ll be disputing this in court,” said Delgado.

For him it’s more than just a fine, it’s 11 years of safe driving on the line.

“To me, it seems to be a money grab. That’s is the most hurtful part because it’s not just money to me, it’s my reputation, it’s demerits, and possibly my license if I get falsely accused of this again,” said Delgado.

He says a warning would have been a better course of action considering his record and what’s at stake.

Kori Sidaway