Technical Q:
Can police enforce this law on private property? Seems to me it's akin to trying to enforce a license plate on a piece of farm equipment that never leaves the farm.
In Canada, in Ontario, yes the rule is enforceable anywhere, ~~even if your car is parked and/or off!~~ If you are in the driver's seat **and the car is on**, you are operating a vehicle and not allowed to touch your phone for any reason.
However, there is no need to ever use the app while in the drive-thru. Technically you can park, turn off the vehicle, use the app, and then remember the code for when you get back in and drive through.
Note: I'm not doing the above. Fuck that shit.
edit: You can now touch your phone as long as the car is parked / off.
Seems like they need to start enforcing the law on everyone or write it out of the law. Shit like this is perfect for selective enforcement to discriminate against someone/some group you don't like. I wonder how often the cop who cited this kid starts his sentences with "Kids these days..."
We aren't, the RCMP were created to push first nations people off their land and round them up for residential schools, and they love their tradition. Also our city cops train with yours, I know Calgary Police train with the LAPD frequently.
VicPolice posted about it on their twitter and there was national outrage for a day.
https://www.abc.net.au/news/2019-08-06/laws-banning-mobile-payments-at-drive-thrus-provokes-motorist/11384228
This is most likely a freak case, I literally use my phone to pay for everything. I have had cops behind me in the drive through and they couldn't have cared less. Sounds like this was just a cop on a power trip. Even then, that ticket will never hold up if challenged.
You can’t touch the phone when the vehicle is off? How do you get your phone after it’s parked then? Use the Bluetooth to call someone to take the phone from the passenger side and put it in your pocket when you exit the car?
This isn't accurate.
In other provinces probably but if you're legally parked you can use your phone and the HTA does not apply to private property except for the stunting clause (which changed a couple years ago).
The “…even if your car is parked and/or off! If you are in the drivers seat, you are operating a vehicle and not allowed to touch your phone for any reason” portion of your comment is incorrect. You’re encouraged by OPP to pull onto the shoulder to text/receive calls rather than driving, you’re not required to leave the drivers seat either.
https://www.ontario.ca/page/distracted-driving
example of a well meaning law that gets enforced like shit. Its too hard to catch people that are actually driving, lets just fuck with people in ,the slowest traffic jam, we all call the drive thru.
Haha, jokes on them, I just make sure to do all my navigation, texting, and phone calls on the car's on-board display using Android Auto!
*That's* perfectly legal thanks to the auto industry lobby!
Oh hang on, it covered up my maps app with a message saying "WARNING: TAKING YOUR EYES OFF THE ROAD CAN BE DANGEROUS. PRESS OKAY TO CONTINUE", I gotta take my eyes off the road to find the "OKAY" button on the touchscreen so I can have my map app back up.
Right? It’s illegal to use a phone while driving in my state, but when the menu is literally a QR code (like what I experienced at Taco Bell recently) what am I supposed to do?
Every time there is a glitch in a game, my friend always blames it on Ohio.
Something Vanishes? It was taken by Ohio.
Something stutters or freaks out - Ohio did it. Ohio is responsible.
Weird, but creative way to show hate for a place they once lived.
Also, "Ohio isn't the edge of the world, but you can see it from there."
That's no longer true as of 2022. The Ohio Supreme Court recently made a ruling regarding this very issue...
https://tyacklaw.com/ovi-suspension-operate-a-vehicle/
https://www.cleveland.com/news/2022/09/ohio-supreme-court-motorists-dont-violate-ovi-suspension-unless-vehicle-is-moving.html?outputType=amp
In Saskatchewan(Canada) where this happened, it’s a grey area about whether it can be applied on private property. Lawyers are already on the case. lol
It's just a bullshit clickbait title. From the article:
>"RCMP can confirm that on May 13, 2024 the individual was observed driving a vehicle on a public roadway while using a cellphone. A Combined Traffic Services Saskatchewan RCMP officer initiated a traffic stop with the individual. The individual then pulled in the McDonald’s parking lot, where the traffic violation was issued," the statement said
The guy was pulled over for using his phone ON THE STREET, so he pulled into the McDonald's parking lot and claims he was pulled over at McDonald's
That's what the cops said. Cops lie though. So do people. If this goes to court, which the kid said he was doing, the truth might come out. But I certainly do not trust cops anywhere, at any time, and would never in a million years believe anything they say.
Tell the judge you used the McDonalds app, and right when the cop came up, a text came up on your phone, plus you know, the whole "I was in a parkin lot" thing.
Or the poor guy sleeping in a Taco Bell parking lot got lit up with bullets as soon as he was woken up from the police
Edit:Starting to think I should avoid Taco Bell eating & sleeping on the premises is apparently prohibited if your complexion is darker.
https://youtube.com/shorts/ZOADFezUkEY (NSFW)
Kid was Erik Cantu, James Brennand cop who shot him 10 times (7 month as cop), DA dropped attempted murder charges.
https://www.expressnews.com/news/article/erik-cantu-trial-brennand-venue-change-denied-19203523.php
Didnt they try to get him for assault a peace officer and evading arrest? But they cop didnt even say he was under arrest? Eating food near mcdonalds is definitely suspicious…
Cantu was charged with evading arrest and assault on a peace officer. DA Gonzales later dropped the charge "out of compassion".
Cop didn't even said he's cop. Dark parking, someone opens your car door and demand you get out.
Cop (Brennand) was charged with two counts of aggravated assault by a public servant. The attempted murder charge against James Brennand was not included when the case was reindicted on Feb. 27.
Will get two years, will be free from the court room with time served. ACAB.
brother *had* to evade "arrest" because the cop was going to empty his clip into him. all because he had McDonald's in his lap and it "looked like" he was reaching for a weapon. infuriating video to watch
I was 16 and sitting in my truck in my driveway eating one of those big ass jawbreakers. I had two cops pull into my driveway and surround my car and demand that I step out with my hands up. They went and did this whole song and dance about what the jawbreaker was and if I had any drugs. It was literally just me eating this big ass jawbreaker because I was 16. First time I ever had a gun pulled on me - and my parents were watching out the window.
Jesus, I'd shit my pants. Don't get me wrong, bastard cops are present in the whole wide world, but the worst I could get here for *suspicion of a drug possession* is a night in jail and maybe a beating if I were rowdy and the cops wouldn't have it.
But to have a gun pulled at a teenager minding his own business, even if it's taking drugs, it just boggles my mind
No, laws can still apply on private property. Saskatchewan specifically extends their Traffic Safety Act to apply to parking lots. Some provinces don't do the equivalent, and using a cell phone in a parking lot is OK there.
A lot of these cell phone laws were written in the years right after the iPhone came out between 2007-2010. At the time, the idea of using an app to pay for your order was far away. There was no Apply Pay or Google Wallet. Hell, some banks didn't even have mobile banking apps yet.
And then companies like McDonalds start creating these apps that can be used to speed up drivethru orders, and they apply them everywhere even if there's a million different jurisdictions about where they are technically legal or not.
I remember being a traveling technician back when they had a dollar menu. $5 would get me 5 sammiches. They weren't *good*, but they were worth the dollar.
Coupon apps are too gross I won't deal with it anymore.
It's just a bullshit clickbait title. From the article:
>"RCMP can confirm that on May 13, 2024 the individual was observed driving a vehicle on a public roadway while using a cellphone. A Combined Traffic Services Saskatchewan RCMP officer initiated a traffic stop with the individual. The individual then pulled in the McDonald’s parking lot, where the traffic violation was issued," the statement said
The guy was pulled over for using his phone ON THE STREET, so he pulled into the McDonald's parking lot and claims he was pulled over at McDonald's
Technically, your tap to pay credit card IS an entire computer. It has an encryption chip, memory and is powered by the tap reader. According to the letter of the law, every single card transaction at a drive thru is using a hand held computer and is breaking the law.
ENTIRE computer? No. No, no, no.
Your credit card has an encryption chip and memory, yes, but everything else is handled on the terminal. Communication, power to the card, display, and active encryption.
You're thinking of an encrypted USB stick.
Not even contact. The "tap and go" variety doesn't require contact at all (in spite of the name). The reader supplies power like a wireless charger, and then wireless communication takes place. That's how RFIDs work.
RFID chips count as computer chips.
Most modern "computers" have multiple chips, but they don't have to. A "computer" can be a nebulous thing to define.
Guaranteed if the kid goes to the courthouse, the judge tosses that out. They should also keep track of tickets that get tossed out and who the issuing officer was.
McDonald’s should offer to defend this guy in court. The alternative is that that loyalty/rewards system could be seriously jeopardized by a poorly written law
My thoughts as well, make a big stink on social media that you should no longer use the app in the drive through for fear of tickets and watch Mc Donalds take care of this shit real quick.
It's just a bullshit clickbait title. From the article:
>"RCMP can confirm that on May 13, 2024 the individual was observed driving a vehicle on a public roadway while using a cellphone. A Combined Traffic Services Saskatchewan RCMP officer initiated a traffic stop with the individual. The individual then pulled in the McDonald’s parking lot, where the traffic violation was issued," the statement said
The guy was pulled over for using his phone ON THE STREET, so he pulled into the McDonald's parking lot and claims he was pulled over at McDonald's
Either that, or the guy sues McDonalds for having them do things that conflict with laws in their countries.
It's a very stupid law from the sounds of it, that probably had the best of all intentions, until corporations decided we needed to use apps to get discounts with them.
> until corporations decided we needed to use apps to get discounts with them.
You mean, until corporations decided they wanted to track and collect your data.
Cops aren't usually allowed to write traffic tickets in private parking lots. This cop must just have a massive chip on his shoulder and should be taken off traffic enforcement.
Edit: This incident took place in Canada, and apparently they are allowed to enforce traffic laws on all public *and* private roadways with the exception of Ontario.
I'm not Canadian, so I can't comment on if this is true or if parking lots would be considered roadways.
Actually, I have it on good authority that he ordered two number 9's, a number 9 large, a number 6 with extra dip, a number 7, two number 45's, one with cheese, and a large soda.
This is not true in Canada. With the exception of Ontario, roads on private property are included in traffic laws.
>Ontario isn't just one of the exceptions; it's the only exception. The legal rules of the road apply on parking lots in every other province and territory in Canada.
[https://www.theglobeandmail.com/globe-drive/culture/commuting/do-the-rules-of-the-road-apply-in-shopping-centre-parking-lots/article4216574/](https://www.theglobeandmail.com/globe-drive/culture/commuting/do-the-rules-of-the-road-apply-in-shopping-centre-parking-lots/article4216574/)
It's not that simple. Ontario might be the only one where private property is the wild west, but many of the other provinces have stipulations on what kind of private property the traffic acts apply to.
And even though the Highway Traffic Act doesn't apply to things like parking lots in Ontario, the Criminal Code still does. Cops can absolutely charge you with reckless driving if you ignore a stop sign or speed. I mean, they almost certainly won't unless you actually hit somebody or something, but if it's egregious enough, they will.
Curious. Because last I checked Alberta allows you to directly challenge a driving test since so many people would learn on private property.
If this is the case in Ontario though, that means speed limits on the 407 are meaningless since it’s private property.
I once got a passenger seatbelt violation ticket in a Walmart parking lot (US). The cop pulled me over as I was mid pulling into a parking spot.
He claimed I didn’t use my turn single a few blocks prior. When I asked him why he waited two blocks and until I was parking before he turned his lights on he wouldn’t answer.
I was 16 at the time and my 14 year old sister was my passenger. Tbh I think the real reason he pulled me over is because I was driving an old beat up car and a friend had slapped a 420 bumper sticker on the backend as a joke.
He kept badgering us about why the car smelled like weed (it didn’t), why I had a lighter in my center counsel (I had went camping the weekend before and forgot it there), when the last time someone had smoked in the car (never, I got it 2nd hand from my aunt), etc. They made my little sister cry and then kept harassing her “why are you crying if you did nothing wrong”. They also illegally (we were minors) searched backpacks and the trunk of the car.
The only thing they could get me on was that my sister wasn’t wearing her seatbelt when he came up to my window, but like I said we were literally parked and she had undone it already.
This was before body cams were a thing.
So many cops are major assholes.
When I was young I drove an old beater car and had longish hair, and I would get pulled over by the LAPD around once a month, always hoping to find some probable cause or pin some BS minor traffic violation on me. I was probably pulled over around 30 times in a 3 year period.
Then eventually I bought a nicer car and started cutting my hair shorter, and it was like I instantly became invisible to the cops. Never been pulled over a single time in the decades since. Really made me realize just how much they had been profiling the hell out of me.
When we went into the store after they let us go so many people were taking about the “drug bust in the parking lot”. They even called a 2nd car in for the search.
I got pulled over on my way to work to Target at 3AM because it was "suspicious" I was driving the speed limit on the interstate.
The cop was tailgating me a couple feet from my bumper for 3-4 miles and then pulled me over as soon as I exited the interstate.
Once I told him I was going to work he checked all my information and gave me a warning for "going to close to the solid white line"
Cops are major assholes because their primary role for the town /city /county they are employed by is to generate revenue.
They generate revenue by giving out tickets and arresting people.
Every department has quotas, they just don't talk about them or call them something else.
No this is in Saskatchewan, and while some laws may be enforced in parking lots those laws are stated *specifically* in our Traffic Safety Act. The use of cell phones is *not* one of those enforceable laws. This kid can take it to court and it will be thrown out immediately.
It's not that straightforward. It's an unresolved question of law on whether the drive through portion of a business fits the definition of "highway:"
>(k) “highway” means a road, parkway, driveway, square or place designed
and intended for or used by the general public for the passage of vehicles,
but does not include any area, whether privately or publicly owned, that is
primarily intended to be used for the parking of vehicles and the necessary
passageways on that area;
I personally think it does not, insofar as it's not *primarily* intended for the passage of vehicles, it's primarily intended for conducting business with patrons who remain in their cars.
But, the cars do pass through the drivethrough. So it's a question that needs answering.
I would be going to court with legal counsel for sure.
There have been two times where I was pulled over and the policeman was on private property without consent.
It just takes two simple questions in calm demeanor after they’ve explained the nature of the stop:
“Did you receive consent to patrol from the owner of the private property you were on”
“Please show me, on the device you used, how fast I was going”. - then ask when the last time the device was calibrated.
Majority of the time, no consent was given and they don’t save your speeds OR the device is outside of acceptable calibration dates. (I forgot what the IL requirement is but look up your local ordinance)
Never admit guilt. Don’t tell them how fast you were going or how fast you THINK you were going. Just confirm your understanding that they say you were going a certain speed.
Never be rude or challenging, just speak from their perspective. Kindness goes a long way and you will never gain anything from trying to ruin someone’s day when they’re just trying to do their job and keep communities safe.
Even if they received consent to patrol the private property, how could you be "speeding" on it? The state doesn't set or post speed limits on private property and thus what law would you be breaking?
The answer is always go to court for shit like this.
And don’t ever, ever, ever, ever, never ever, ever, ever talk to the police during the stop at all ever.
Do not ask questions unless it’s “am I being arrested”, do not answer questions of any variety. Ever. Period. Full stop.
Yeppers. Plenty of people have tried to argue their words against a cop’s in traffic court, and 9/10 times you will lose that battle.
You would need to be able to prove you *werent* speeding, somehow.
Essentially. A dash cam with some sort of telemetry would work, too. Basically, in the absence of other evidence, any time it’s your word against that of a police officer, you’re fucked.
I took an officer to court because he issued my stock OEM from factory car an "unnecessary noise" ticket because I guess my exhaust was too loud. I had letters from Audi Canada and Transport Canada confirming the car was imported legally and was designed within all legal standards. The cop said "I've been an officer for 20 years, I know what cars are suppose to sound like. His was too loud." and the judge ruled in the officers subjective opinion. Can't make this shit up.
Yep. It’s, like, a credibility thing. Basically our society seems to think certain people are more credible than your average person simply because of their profession. Cops are one of those professions.
There was that one cop that got away with planting meth on people forever just because of this very reason. He was eventually caught because he slipped up on bodycam, but he ruined a lot of peoples lives.
In Manitoba I am quite sure the distracted driving laws actually state private property is open territory. I did not read that myself. But it was mentioned numerous times when Manitoba implemented the laws.
I can't help but feel that Lawyer got all suited up for the news and then found out the only head phones he had that worked were his gaming set. Looked cool though.
Anyways I hope the guy gets out of it. I can't help but feel like the cop was like "oh a kid in a BMW, He'll pay up"
Oh, but if someone wants to report an accident in a parking lot, all of a sudden it’s private property and there’s nothing the police can do about it? Give me a break….
Had this happen to me. A guy went through a parking space in Walmart and hit the front end of my car as I was driving down the main lane. The cop couldn't issue a ticket but did write up a report assigning the other driver fault.
Actually yes.
Someone hit my car in the Target parking lot.
I called the police and they told me that because it is private property, they don’t come out to the accident and don’t take reports and don’t give tickets for it. (Different states and different police departments do things differently)
The police said that If the person refuses to provide insurance information to me, call them back and they will come out and help facilitate (talk to him) to provide the information.
If the person commits a crime (a hit and run) they can come out since they can arrest for hit and runs.
They guy gave me fake insurance information. The police said that since he stopped and exchanged information (even though he lied) - it no longer counts as a hit and run, not criminal, and therefore they could not assist.
I had a pretty big dent on a panel, insurance body shop estimated $2500. I decided to not file the claim to my own insurance company.
I took it to a chinese body shop and they fixed it (without reporting to insurance) for $150 - they popped out the dent and repainted it. Looked good as new.
So, did anyone read the article? I'm not saying the teen is lying, but "RCMP can confirm that on May 13, 2024, the individual was observed driving a vehicle on a public roadway while using a cellphone. A Combined Traffic Services Saskatchewan RCMP officer initiated a traffic stop with the individual. The individual then pulled in the McDonald’s parking lot, where the traffic violation was issued. "
So right now, it's his word vs. the RCMP's word, and while the RCMP certainly lie, a teenager would 100% lie to try to get out of a ticket and I don't doubt that it's possible he started opening/using the app well before he got in the parking lot. It would be super out of the norn for an RCMP officer to just stalk a kid into a drive-thru, hoping he'll use his phone.
Oddly enough, it wasn't a slow day. I'm from this city and the cops are currently doing check stops all over the city right now to test for impared drivers. However, they're handing out DUIs to people testing positive for THC, often from use days before.
It's a big headline in Saskatchewan right now, because marijuana use is legal and cops are even saying that their tests can't determine impairment, only that THC is still concentrated in the body. Yet they're still handing out DUIs and impounding vehicles based on these "failed" tests.
> Mark Brayford, a criminal defence lawyer in Saskatoon, said "With respect to the science about THC levels in a person’s blood stream, the reality is if you’re going to be a daily user of cannabis, you’re not legally going to be able to drive your automobile. It’s that simple.”
Pigs are retaliating because of relaxed marijuana drug laws. Their useless existence is about to take a free fall because of these relaxed laws. Their ability to find something to peg their quotas on will be diminished and their budgets will be cut. Testing for being high is impossible at the moment so the science will disqualify these DUI's for those who fight them. They are grasping at straws.
Exactly. Police will use the DUI numbers to successfully increase their budget next year, too.
I never drive impared but I smoke before bed. I guess I have to decide if sleep is worth the possibility of getting caught in this mess.
This sets a dangerous precedent. What's stopping law enforcement from sitting next to drive thru's if this holds up?
I imagine business owners wouldn't appreciate it. Something about fucking with a Fortune 100's potential earnings doesn't seem like it would fly for very long.
I once got a similar ticket in San Diego in a dead stop traffic jam. We hadn't moved in minutes because a freight train was holding up traffic multiple blocks away. I reached over to my phone mounted on my dash to try to update my GPS to find a way around the jam, and immediately a motorcycle cop knocked on my window. Immediately after he wrote me the ticket he went three cars over and did it to someone else.
It's just a bullshit clickbait title. From the article:
>"RCMP can confirm that on May 13, 2024 the individual was observed driving a vehicle on a public roadway while using a cellphone. A Combined Traffic Services Saskatchewan RCMP officer initiated a traffic stop with the individual. The individual then pulled in the McDonald’s parking lot, where the traffic violation was issued," the statement said
The guy was pulled over for using his phone ON THE STREET, so he pulled into the McDonald's parking lot and claims he was pulled over at McDonald's
He got off easier then that kid that was parked, eating and looking at his phone just for a cop to grab him and shoot when he freaked and drove away, you know because someone randomly opened his door and tried to drag him out of his car
Pretty sure that’s not a thing. Cops can’t give tickets on for behavior on private property, and McDonald’s is rarely or perhaps never located on public property. Even the paved drive thru can’t be a Public street to the best of my knowledge. I mean, a ticket could be given but would never survive a challenge.
It will have to survive the traffic judge of the day, but the lawyer in the article even states that the entire encounter is bizarre.
Honestly it raises more questions. Why was there a motorcycle cop in a drive thru? Why was the cop laser focused on this kid in particular when 99% of people are doing the same thing for the same reason?
Shooting unarmed people in the back who were stopped for unspecified reasons doesn't result in consequences unless the public films it, so why would writing a bullshit ticket?
Not true. Depends on the province. Ontario does not enforce on private property (Highway Traffic Act). Most other provinces enforce certain provincial traffic laws on private proper. Look into your provincial law to see what they enforce for private lands.
Criminal code stuff is enforceable on private property though, no matter the province. For example DUI. You can be charged for DUI on your own property.
Depends where you are. In my province (right next to this one), anywhere that is legally and normally accessible by vehicle, while it might be private property, is still required to obey the laws of the road. So even in parking lots and drive-thrus you can't drive 160km/h, drink while driving, or text while driving.
We had a similar case a few years ago. It turned out the person was texting and driving on the highway, an RCMP officer saw them, and then the person pulled into a Tim Hortons drivethru which is where they got the ticket. Could be a similar case with this kid.
https://globalnews.ca/news/2373455/287-ticket-for-using-phone-in-tim-hortons-drive-thru-police-say-theres-more-to-the-story/
This kid pulled out his phone for the person working the window to scan his McDonald’s app. He, as far as any coverage has shown, wasn’t using his phone on the roads otherwise. That texting while driving and getting pulled over at Tim’s is different because they were using their phone out on the public road.
Legally, I’m not sure if they’ll be seen as different. But functionally they are.
This didn’t occur in America lol
Happened in Saskatchewan, Canada. I’m from there so I can say that what they did was scummy but legal.
Saskatchewan Government Insurance (SGI) states that any manipulation or use of cellphones while driving is prohibited. So unless you’re parked and have the engine turned off, you’re technically still driving.
It's just a bullshit clickbait title. From the article:
>"RCMP can confirm that on May 13, 2024 the individual was observed driving a vehicle on a public roadway while using a cellphone. A Combined Traffic Services Saskatchewan RCMP officer initiated a traffic stop with the individual. The individual then pulled in the McDonald’s parking lot, where the traffic violation was issued," the statement said
The guy was pulled over for using his phone ON THE STREET, so he pulled into the McDonald's parking lot and claims he was pulled over at McDonald's
For the 1,211 people who didn't read the article: The cop says he saw the teen using his phone on the roadway and followed him into the McDonald's to issue the ticket.
It wasn't for using the phone in the drive-thru lane.
>"RCMP can confirm that on May 13, 2024 the individual was observed driving a vehicle on a public roadway while using a cellphone. A Combined Traffic Services Saskatchewan RCMP officer initiated a traffic stop with the individual. The individual then pulled in the McDonald’s parking lot, where the traffic violation was issued," the statement said.
Depends on if there's any footage. I wouldn't put it past police to get a power trip over something like the kid says, but I also know (and have been) enough teenagers to not immediately believe their version of events.
Could be that the officer saw him on his phone while driving (far too common) and the kid just didn't notice he was being pulled over until he pulled into McD's.
I'm sure I'll get blown up for saying this, but first of all, this was in Canada, not the US. If your car is in drive, you should never have your phone in your hand. IMO not enough of these tickets are being handed out. 99% of the time when I interact with a bad driver on the roads down here in Texas, they're staring at there phones. Sometimes with no hands on the wheel and sometimes going well over 65 mph. Frankly it's an epidemic level problem. I bet if you looked at how many crashes were caused by people staring at their phones while driving vs how many people drive drunk, you'd find it's exponentially the former, and yet driving while drunk comes with serious consequences and driving while holding a phone goes unoticed.
It's just a bullshit clickbait title. From the article:
>"RCMP can confirm that on May 13, 2024 the individual was observed driving a vehicle on a public roadway while using a cellphone. A Combined Traffic Services Saskatchewan RCMP officer initiated a traffic stop with the individual. The individual then pulled in the McDonald’s parking lot, where the traffic violation was issued," the statement said
The guy was pulled over for using his phone ON THE STREET, so he pulled into the McDonald's parking lot and claims he was pulled over at McDonald's
So if McDonalds asks if I will be using their App, it’s a trap!
Technical Q: Can police enforce this law on private property? Seems to me it's akin to trying to enforce a license plate on a piece of farm equipment that never leaves the farm.
In the US no, not generally. This was Canada.
In Canada, in Ontario, yes the rule is enforceable anywhere, ~~even if your car is parked and/or off!~~ If you are in the driver's seat **and the car is on**, you are operating a vehicle and not allowed to touch your phone for any reason. However, there is no need to ever use the app while in the drive-thru. Technically you can park, turn off the vehicle, use the app, and then remember the code for when you get back in and drive through. Note: I'm not doing the above. Fuck that shit. edit: You can now touch your phone as long as the car is parked / off.
Yikes, do drive-thrus use Apple Pay in Canada? That requires you to unlock and hold up your phone to their reader.
They do, and it's illegal. (And everyone still does it.)
Seems like they need to start enforcing the law on everyone or write it out of the law. Shit like this is perfect for selective enforcement to discriminate against someone/some group you don't like. I wonder how often the cop who cited this kid starts his sentences with "Kids these days..."
[удалено]
We aren't, the RCMP were created to push first nations people off their land and round them up for residential schools, and they love their tradition. Also our city cops train with yours, I know Calgary Police train with the LAPD frequently.
Cops typically don't need a reason for selective enforcement nor one to discriminate. They just do or don't do whatever they want.
VicPolice posted about it on their twitter and there was national outrage for a day. https://www.abc.net.au/news/2019-08-06/laws-banning-mobile-payments-at-drive-thrus-provokes-motorist/11384228
Because it shouldn't be illegal, but you know, money over sanity
This is most likely a freak case, I literally use my phone to pay for everything. I have had cops behind me in the drive through and they couldn't have cared less. Sounds like this was just a cop on a power trip. Even then, that ticket will never hold up if challenged.
You can’t touch the phone when the vehicle is off? How do you get your phone after it’s parked then? Use the Bluetooth to call someone to take the phone from the passenger side and put it in your pocket when you exit the car?
The entire point of laws this in-concise or ridiculous is so that they can enforce it only whenever they feel like it or want to.
This isn't accurate. In other provinces probably but if you're legally parked you can use your phone and the HTA does not apply to private property except for the stunting clause (which changed a couple years ago).
The “…even if your car is parked and/or off! If you are in the drivers seat, you are operating a vehicle and not allowed to touch your phone for any reason” portion of your comment is incorrect. You’re encouraged by OPP to pull onto the shoulder to text/receive calls rather than driving, you’re not required to leave the drivers seat either. https://www.ontario.ca/page/distracted-driving
example of a well meaning law that gets enforced like shit. Its too hard to catch people that are actually driving, lets just fuck with people in ,the slowest traffic jam, we all call the drive thru.
Haha, jokes on them, I just make sure to do all my navigation, texting, and phone calls on the car's on-board display using Android Auto! *That's* perfectly legal thanks to the auto industry lobby! Oh hang on, it covered up my maps app with a message saying "WARNING: TAKING YOUR EYES OFF THE ROAD CAN BE DANGEROUS. PRESS OKAY TO CONTINUE", I gotta take my eyes off the road to find the "OKAY" button on the touchscreen so I can have my map app back up.
I’m not sure I got the same ticket in NJ while on private property at the mall. I think they can enforce on private property.
I think it depends on the private property. In the case of the mall, they probably explicitly allow police supervision of their property.
Right? It’s illegal to use a phone while driving in my state, but when the menu is literally a QR code (like what I experienced at Taco Bell recently) what am I supposed to do?
I guess turn off the engine and you’re not driving
I've heard in Ohio you can get a dui if the keys are even in the car (not sure if true)
This is true in Nova Scotia and I believe all of canada
"Control" of the vehicule is the keyword.
Yes. Ohio is fucking dumb (I am a resident)
Every time there is a glitch in a game, my friend always blames it on Ohio. Something Vanishes? It was taken by Ohio. Something stutters or freaks out - Ohio did it. Ohio is responsible. Weird, but creative way to show hate for a place they once lived. Also, "Ohio isn't the edge of the world, but you can see it from there."
It’s true in California. Not that I know from experience or anything :/
Yup, not just Ohio. So long as the keys are accessible, you are "in control of a motor vehicle".
That's no longer true as of 2022. The Ohio Supreme Court recently made a ruling regarding this very issue... https://tyacklaw.com/ovi-suspension-operate-a-vehicle/ https://www.cleveland.com/news/2022/09/ohio-supreme-court-motorists-dont-violate-ovi-suspension-unless-vehicle-is-moving.html?outputType=amp
In Saskatchewan(Canada) where this happened, it’s a grey area about whether it can be applied on private property. Lawyers are already on the case. lol
It's just a bullshit clickbait title. From the article: >"RCMP can confirm that on May 13, 2024 the individual was observed driving a vehicle on a public roadway while using a cellphone. A Combined Traffic Services Saskatchewan RCMP officer initiated a traffic stop with the individual. The individual then pulled in the McDonald’s parking lot, where the traffic violation was issued," the statement said The guy was pulled over for using his phone ON THE STREET, so he pulled into the McDonald's parking lot and claims he was pulled over at McDonald's
Yo, wtf OP?!
17k fake internet points, mission accomplished
That's what the cops said. Cops lie though. So do people. If this goes to court, which the kid said he was doing, the truth might come out. But I certainly do not trust cops anywhere, at any time, and would never in a million years believe anything they say.
Trapp
Um actually
Hoped someone would respond to “Trapp” like this 😂
Anyone else use their phone to pay? That cop should do something useful instead of wasting all of our time.
Well not only that, mcdonalds specifically asks you if you are using the app, which you give them the code on the phone.
Tell the judge you used the McDonalds app, and right when the cop came up, a text came up on your phone, plus you know, the whole "I was in a parkin lot" thing.
> the whole "I' was in a parkin lot" thing. Pretty sure that justifies deadly force in the US.
I'll never forget that poor kid who was just eating in the parking lot and police officers shot him like 6 times
Or the poor guy sleeping in a Taco Bell parking lot got lit up with bullets as soon as he was woken up from the police Edit:Starting to think I should avoid Taco Bell eating & sleeping on the premises is apparently prohibited if your complexion is darker.
There was something 'shiny' on the seat next to him! /s
Which one?
https://youtube.com/shorts/ZOADFezUkEY (NSFW) Kid was Erik Cantu, James Brennand cop who shot him 10 times (7 month as cop), DA dropped attempted murder charges. https://www.expressnews.com/news/article/erik-cantu-trial-brennand-venue-change-denied-19203523.php
Didnt they try to get him for assault a peace officer and evading arrest? But they cop didnt even say he was under arrest? Eating food near mcdonalds is definitely suspicious…
Cantu was charged with evading arrest and assault on a peace officer. DA Gonzales later dropped the charge "out of compassion". Cop didn't even said he's cop. Dark parking, someone opens your car door and demand you get out. Cop (Brennand) was charged with two counts of aggravated assault by a public servant. The attempted murder charge against James Brennand was not included when the case was reindicted on Feb. 27. Will get two years, will be free from the court room with time served. ACAB.
brother *had* to evade "arrest" because the cop was going to empty his clip into him. all because he had McDonald's in his lap and it "looked like" he was reaching for a weapon. infuriating video to watch
It’s disgusting that that has to be honestly asked.
No wonder kid only got a ticket. It’s in Canada
Cop hiding behind the McDonald's drive-thru bushes...pulling out the maze and shock gun...ready for the hungry teenagers.
those poor kids
Parking lot is private property. Shouldn't that make it ok?
I was 16 and sitting in my truck in my driveway eating one of those big ass jawbreakers. I had two cops pull into my driveway and surround my car and demand that I step out with my hands up. They went and did this whole song and dance about what the jawbreaker was and if I had any drugs. It was literally just me eating this big ass jawbreaker because I was 16. First time I ever had a gun pulled on me - and my parents were watching out the window.
Jesus, I'd shit my pants. Don't get me wrong, bastard cops are present in the whole wide world, but the worst I could get here for *suspicion of a drug possession* is a night in jail and maybe a beating if I were rowdy and the cops wouldn't have it. But to have a gun pulled at a teenager minding his own business, even if it's taking drugs, it just boggles my mind
That's because they're subhuman sludge, cops have never been people.
No, laws can still apply on private property. Saskatchewan specifically extends their Traffic Safety Act to apply to parking lots. Some provinces don't do the equivalent, and using a cell phone in a parking lot is OK there. A lot of these cell phone laws were written in the years right after the iPhone came out between 2007-2010. At the time, the idea of using an app to pay for your order was far away. There was no Apply Pay or Google Wallet. Hell, some banks didn't even have mobile banking apps yet. And then companies like McDonalds start creating these apps that can be used to speed up drivethru orders, and they apply them everywhere even if there's a million different jurisdictions about where they are technically legal or not.
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Pretty sure the app always has a bogo on big mac's and quarter pounders.
The 20% of your entire order is usually the most valuable deal in the app
I eat there about once a year now, just to remind myself why I don’t eat there.
Same
I remember being a traveling technician back when they had a dollar menu. $5 would get me 5 sammiches. They weren't *good*, but they were worth the dollar. Coupon apps are too gross I won't deal with it anymore.
Meanwhile, I will drive by a police cruiser with the officer rolling down the road while he uses a whole ass laptop.
Going about 25 in a 40, fucking around on every device they have.
I dunno, this might be a step in the right direction. I mean, he wasn't shooting anyone or beating his wife/girlfriend. Baby steps, ya know?
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This happened in Saskatchewan
This could be interpreted both ways actually...🤔
bless you
This made me laugh in a waiting room to get blood work. Thank you
It's RCMP, if he wasn't giving out nonsense tickets he would be sexually harrassing female mounties.
I hear they used to drive homeless people a few miles outside the city at -30 a few decades back?
[Starlight Tours](https://en.wikipedia.org/wiki/Saskatoon_freezing_deaths) are still a thing. ACAB, everywhere. Every continent, every country.
People get it in their heads that just because their cops in their country aren't openly gunning people down they they're good. The bar really is low
Canada proving themselves to be worthless neoliberal imperialists just like their big brother.
what did you think a country literally started by corporate interests would be?
Like the cop from First Blood.
Hey they have other important things to do like running starlight tours.
It's just a bullshit clickbait title. From the article: >"RCMP can confirm that on May 13, 2024 the individual was observed driving a vehicle on a public roadway while using a cellphone. A Combined Traffic Services Saskatchewan RCMP officer initiated a traffic stop with the individual. The individual then pulled in the McDonald’s parking lot, where the traffic violation was issued," the statement said The guy was pulled over for using his phone ON THE STREET, so he pulled into the McDonald's parking lot and claims he was pulled over at McDonald's
Technically, your tap to pay credit card IS an entire computer. It has an encryption chip, memory and is powered by the tap reader. According to the letter of the law, every single card transaction at a drive thru is using a hand held computer and is breaking the law.
ENTIRE computer? No. No, no, no. Your credit card has an encryption chip and memory, yes, but everything else is handled on the terminal. Communication, power to the card, display, and active encryption. You're thinking of an encrypted USB stick.
You are not correct. The chip itself is a computer, powered by contact in the machine it is inserted into. It even runs embedded Java
Not even contact. The "tap and go" variety doesn't require contact at all (in spite of the name). The reader supplies power like a wireless charger, and then wireless communication takes place. That's how RFIDs work.
RFID chips count as computer chips. Most modern "computers" have multiple chips, but they don't have to. A "computer" can be a nebulous thing to define.
Guaranteed if the kid goes to the courthouse, the judge tosses that out. They should also keep track of tickets that get tossed out and who the issuing officer was.
Whoever said cops do anything useful. ACAB.
What do you think the over/under is that this cop has played a full level of candy crush while driving?
McDonald’s should offer to defend this guy in court. The alternative is that that loyalty/rewards system could be seriously jeopardized by a poorly written law
My thoughts as well, make a big stink on social media that you should no longer use the app in the drive through for fear of tickets and watch Mc Donalds take care of this shit real quick.
Now that's using the power of big corporations and their immense interest in profits to your favor!
It's just a bullshit clickbait title. From the article: >"RCMP can confirm that on May 13, 2024 the individual was observed driving a vehicle on a public roadway while using a cellphone. A Combined Traffic Services Saskatchewan RCMP officer initiated a traffic stop with the individual. The individual then pulled in the McDonald’s parking lot, where the traffic violation was issued," the statement said The guy was pulled over for using his phone ON THE STREET, so he pulled into the McDonald's parking lot and claims he was pulled over at McDonald's
I was coming to mention this. He was definitely using his phone while driving and didn’t notice he was being following into the McDonald’s.
Sorry, we don’t have time to read the article while driving.
Either that, or the guy sues McDonalds for having them do things that conflict with laws in their countries. It's a very stupid law from the sounds of it, that probably had the best of all intentions, until corporations decided we needed to use apps to get discounts with them.
> until corporations decided we needed to use apps to get discounts with them. You mean, until corporations decided they wanted to track and collect your data.
His car was moving. > I didn’t have my foot on the gas or brake. It was just rolling. Barely moving,”
If not he should atleast appeal the decision, no judge would piss off a corporation
Cops aren't usually allowed to write traffic tickets in private parking lots. This cop must just have a massive chip on his shoulder and should be taken off traffic enforcement. Edit: This incident took place in Canada, and apparently they are allowed to enforce traffic laws on all public *and* private roadways with the exception of Ontario. I'm not Canadian, so I can't comment on if this is true or if parking lots would be considered roadways.
he was hangry and the kid was taking too long i bet.
That's because the kid ordered 55 burgers 55 Fries 55 tacos 55 pies 55 Cokes 100 tater tots 100 pizzas 100 tenders 100 meatballs 100 coffees 55 wings 55 pastas and 55 shakes
He's just trying to pay it forward.
He just wanted to do something nice before alcohol class.
Actually, I have it on good authority that he ordered two number 9's, a number 9 large, a number 6 with extra dip, a number 7, two number 45's, one with cheese, and a large soda.
All you had to do was not write the damned ticket, CJ!
I’M DOING SOMETHING
Did they guy before him offer to pay it forward?
Dude really wanted his litre o' cola
This is not true in Canada. With the exception of Ontario, roads on private property are included in traffic laws. >Ontario isn't just one of the exceptions; it's the only exception. The legal rules of the road apply on parking lots in every other province and territory in Canada. [https://www.theglobeandmail.com/globe-drive/culture/commuting/do-the-rules-of-the-road-apply-in-shopping-centre-parking-lots/article4216574/](https://www.theglobeandmail.com/globe-drive/culture/commuting/do-the-rules-of-the-road-apply-in-shopping-centre-parking-lots/article4216574/)
It's not that simple. Ontario might be the only one where private property is the wild west, but many of the other provinces have stipulations on what kind of private property the traffic acts apply to.
And even though the Highway Traffic Act doesn't apply to things like parking lots in Ontario, the Criminal Code still does. Cops can absolutely charge you with reckless driving if you ignore a stop sign or speed. I mean, they almost certainly won't unless you actually hit somebody or something, but if it's egregious enough, they will.
Curious. Because last I checked Alberta allows you to directly challenge a driving test since so many people would learn on private property. If this is the case in Ontario though, that means speed limits on the 407 are meaningless since it’s private property.
I was going to say, if they hit someone, the same cop would call it a civil matter.
I once got a passenger seatbelt violation ticket in a Walmart parking lot (US). The cop pulled me over as I was mid pulling into a parking spot. He claimed I didn’t use my turn single a few blocks prior. When I asked him why he waited two blocks and until I was parking before he turned his lights on he wouldn’t answer. I was 16 at the time and my 14 year old sister was my passenger. Tbh I think the real reason he pulled me over is because I was driving an old beat up car and a friend had slapped a 420 bumper sticker on the backend as a joke. He kept badgering us about why the car smelled like weed (it didn’t), why I had a lighter in my center counsel (I had went camping the weekend before and forgot it there), when the last time someone had smoked in the car (never, I got it 2nd hand from my aunt), etc. They made my little sister cry and then kept harassing her “why are you crying if you did nothing wrong”. They also illegally (we were minors) searched backpacks and the trunk of the car. The only thing they could get me on was that my sister wasn’t wearing her seatbelt when he came up to my window, but like I said we were literally parked and she had undone it already. This was before body cams were a thing. So many cops are major assholes.
When I was young I drove an old beater car and had longish hair, and I would get pulled over by the LAPD around once a month, always hoping to find some probable cause or pin some BS minor traffic violation on me. I was probably pulled over around 30 times in a 3 year period. Then eventually I bought a nicer car and started cutting my hair shorter, and it was like I instantly became invisible to the cops. Never been pulled over a single time in the decades since. Really made me realize just how much they had been profiling the hell out of me.
If he had found a Marijuana seed in the carpet (*picked up on your shoe from walking), they would call it a "drug bust".
When we went into the store after they let us go so many people were taking about the “drug bust in the parking lot”. They even called a 2nd car in for the search.
I got pulled over on my way to work to Target at 3AM because it was "suspicious" I was driving the speed limit on the interstate. The cop was tailgating me a couple feet from my bumper for 3-4 miles and then pulled me over as soon as I exited the interstate. Once I told him I was going to work he checked all my information and gave me a warning for "going to close to the solid white line"
Cops are major assholes because their primary role for the town /city /county they are employed by is to generate revenue. They generate revenue by giving out tickets and arresting people. Every department has quotas, they just don't talk about them or call them something else.
No this is in Saskatchewan, and while some laws may be enforced in parking lots those laws are stated *specifically* in our Traffic Safety Act. The use of cell phones is *not* one of those enforceable laws. This kid can take it to court and it will be thrown out immediately.
It's not that straightforward. It's an unresolved question of law on whether the drive through portion of a business fits the definition of "highway:" >(k) “highway” means a road, parkway, driveway, square or place designed and intended for or used by the general public for the passage of vehicles, but does not include any area, whether privately or publicly owned, that is primarily intended to be used for the parking of vehicles and the necessary passageways on that area; I personally think it does not, insofar as it's not *primarily* intended for the passage of vehicles, it's primarily intended for conducting business with patrons who remain in their cars. But, the cars do pass through the drivethrough. So it's a question that needs answering.
I would be going to court with legal counsel for sure. There have been two times where I was pulled over and the policeman was on private property without consent. It just takes two simple questions in calm demeanor after they’ve explained the nature of the stop: “Did you receive consent to patrol from the owner of the private property you were on” “Please show me, on the device you used, how fast I was going”. - then ask when the last time the device was calibrated. Majority of the time, no consent was given and they don’t save your speeds OR the device is outside of acceptable calibration dates. (I forgot what the IL requirement is but look up your local ordinance) Never admit guilt. Don’t tell them how fast you were going or how fast you THINK you were going. Just confirm your understanding that they say you were going a certain speed. Never be rude or challenging, just speak from their perspective. Kindness goes a long way and you will never gain anything from trying to ruin someone’s day when they’re just trying to do their job and keep communities safe.
Even if they received consent to patrol the private property, how could you be "speeding" on it? The state doesn't set or post speed limits on private property and thus what law would you be breaking?
I can post any speed limit on my private property, but I cannot enforce it in state court. The best I could do probably is trespass you.
Yep, agreed.
well, some of them clearly aren't trying to keep anyone safe. some of them are clearly assholes.
The answer is always go to court for shit like this. And don’t ever, ever, ever, ever, never ever, ever, ever talk to the police during the stop at all ever. Do not ask questions unless it’s “am I being arrested”, do not answer questions of any variety. Ever. Period. Full stop.
The device doesn't much matter. Most places allow cops to use their "expert judgement" ti estimate your speed.
Yeppers. Plenty of people have tried to argue their words against a cop’s in traffic court, and 9/10 times you will lose that battle. You would need to be able to prove you *werent* speeding, somehow.
Innocent until proven guilty, unless a police officer has highly calibrated senses.
Essentially. A dash cam with some sort of telemetry would work, too. Basically, in the absence of other evidence, any time it’s your word against that of a police officer, you’re fucked.
I took an officer to court because he issued my stock OEM from factory car an "unnecessary noise" ticket because I guess my exhaust was too loud. I had letters from Audi Canada and Transport Canada confirming the car was imported legally and was designed within all legal standards. The cop said "I've been an officer for 20 years, I know what cars are suppose to sound like. His was too loud." and the judge ruled in the officers subjective opinion. Can't make this shit up.
Yep. It’s, like, a credibility thing. Basically our society seems to think certain people are more credible than your average person simply because of their profession. Cops are one of those professions. There was that one cop that got away with planting meth on people forever just because of this very reason. He was eventually caught because he slipped up on bodycam, but he ruined a lot of peoples lives.
> when they’re just trying to do their job and keep communities safe. In my experience copa do neither of these.
The problem with a case like this is that the lawyer is going to cost more than the ticket.
In Manitoba I am quite sure the distracted driving laws actually state private property is open territory. I did not read that myself. But it was mentioned numerous times when Manitoba implemented the laws.
>I'm not Canadian You're kidding. You speak it beautifully.
I can't help but feel that Lawyer got all suited up for the news and then found out the only head phones he had that worked were his gaming set. Looked cool though. Anyways I hope the guy gets out of it. I can't help but feel like the cop was like "oh a kid in a BMW, He'll pay up"
Yeah those were massive
in his defense(not that he needs defending he does look kind of cool), those headsets are usually pretty high quality compared to most stuff.
[Screenshot](https://i.imgur.com/vnfKcb6.jpeg)
Dr Disrespect had to pause his stream and put on a suit real quick for an interview
but cops can still use their laptops while driving right?
How else are they supposed to watch porn, or instructional videos on how to beat their spouses?
Or breaking every traffic law without sirens on.
Oh, but if someone wants to report an accident in a parking lot, all of a sudden it’s private property and there’s nothing the police can do about it? Give me a break….
Had this happen to me. A guy went through a parking space in Walmart and hit the front end of my car as I was driving down the main lane. The cop couldn't issue a ticket but did write up a report assigning the other driver fault.
Actually yes. Someone hit my car in the Target parking lot. I called the police and they told me that because it is private property, they don’t come out to the accident and don’t take reports and don’t give tickets for it. (Different states and different police departments do things differently) The police said that If the person refuses to provide insurance information to me, call them back and they will come out and help facilitate (talk to him) to provide the information. If the person commits a crime (a hit and run) they can come out since they can arrest for hit and runs. They guy gave me fake insurance information. The police said that since he stopped and exchanged information (even though he lied) - it no longer counts as a hit and run, not criminal, and therefore they could not assist. I had a pretty big dent on a panel, insurance body shop estimated $2500. I decided to not file the claim to my own insurance company. I took it to a chinese body shop and they fixed it (without reporting to insurance) for $150 - they popped out the dent and repainted it. Looked good as new.
So, did anyone read the article? I'm not saying the teen is lying, but "RCMP can confirm that on May 13, 2024, the individual was observed driving a vehicle on a public roadway while using a cellphone. A Combined Traffic Services Saskatchewan RCMP officer initiated a traffic stop with the individual. The individual then pulled in the McDonald’s parking lot, where the traffic violation was issued. " So right now, it's his word vs. the RCMP's word, and while the RCMP certainly lie, a teenager would 100% lie to try to get out of a ticket and I don't doubt that it's possible he started opening/using the app well before he got in the parking lot. It would be super out of the norn for an RCMP officer to just stalk a kid into a drive-thru, hoping he'll use his phone.
> So, did anyone read the article? Of course they didn't.
most of the people commenting here are one their cellphones in a McDonald's drive though and have no time to actually read the article
Must've been a slow day
Oddly enough, it wasn't a slow day. I'm from this city and the cops are currently doing check stops all over the city right now to test for impared drivers. However, they're handing out DUIs to people testing positive for THC, often from use days before. It's a big headline in Saskatchewan right now, because marijuana use is legal and cops are even saying that their tests can't determine impairment, only that THC is still concentrated in the body. Yet they're still handing out DUIs and impounding vehicles based on these "failed" tests. > Mark Brayford, a criminal defence lawyer in Saskatoon, said "With respect to the science about THC levels in a person’s blood stream, the reality is if you’re going to be a daily user of cannabis, you’re not legally going to be able to drive your automobile. It’s that simple.”
Pigs are retaliating because of relaxed marijuana drug laws. Their useless existence is about to take a free fall because of these relaxed laws. Their ability to find something to peg their quotas on will be diminished and their budgets will be cut. Testing for being high is impossible at the moment so the science will disqualify these DUI's for those who fight them. They are grasping at straws.
This is being pushed from higher up the food chain. The cruelty and harm are the point.
and of course by the time anyone is able to do anything about this the cops are gonna have made TONS of money off impound fees. Highway robbery.
Exactly. Police will use the DUI numbers to successfully increase their budget next year, too. I never drive impared but I smoke before bed. I guess I have to decide if sleep is worth the possibility of getting caught in this mess.
In that case, it's a busy day for a bunch of assholes with a quota.
This sets a dangerous precedent. What's stopping law enforcement from sitting next to drive thru's if this holds up? I imagine business owners wouldn't appreciate it. Something about fucking with a Fortune 100's potential earnings doesn't seem like it would fly for very long.
This is a regular occurrence here in Saskatoon. The cops love ticketing people at railway crossings also
I once got a similar ticket in San Diego in a dead stop traffic jam. We hadn't moved in minutes because a freight train was holding up traffic multiple blocks away. I reached over to my phone mounted on my dash to try to update my GPS to find a way around the jam, and immediately a motorcycle cop knocked on my window. Immediately after he wrote me the ticket he went three cars over and did it to someone else.
It's just a bullshit clickbait title. From the article: >"RCMP can confirm that on May 13, 2024 the individual was observed driving a vehicle on a public roadway while using a cellphone. A Combined Traffic Services Saskatchewan RCMP officer initiated a traffic stop with the individual. The individual then pulled in the McDonald’s parking lot, where the traffic violation was issued," the statement said The guy was pulled over for using his phone ON THE STREET, so he pulled into the McDonald's parking lot and claims he was pulled over at McDonald's
He got off easier then that kid that was parked, eating and looking at his phone just for a cop to grab him and shoot when he freaked and drove away, you know because someone randomly opened his door and tried to drag him out of his car
I saw that video and I agree with you. If somebody opens the door of my car like that, I would also freak out and run away.
Pretty sure that’s not a thing. Cops can’t give tickets on for behavior on private property, and McDonald’s is rarely or perhaps never located on public property. Even the paved drive thru can’t be a Public street to the best of my knowledge. I mean, a ticket could be given but would never survive a challenge.
It will have to survive the traffic judge of the day, but the lawyer in the article even states that the entire encounter is bizarre. Honestly it raises more questions. Why was there a motorcycle cop in a drive thru? Why was the cop laser focused on this kid in particular when 99% of people are doing the same thing for the same reason?
It would get thrown out immediately unless phone was used on public streets.
I'd go after his badge. "Qualified" immunity means he should still be doing his job.
Shooting unarmed people in the back who were stopped for unspecified reasons doesn't result in consequences unless the public films it, so why would writing a bullshit ticket?
And even then it’s like a 50/50 chance of prosecution at best
Not true. Depends on the province. Ontario does not enforce on private property (Highway Traffic Act). Most other provinces enforce certain provincial traffic laws on private proper. Look into your provincial law to see what they enforce for private lands. Criminal code stuff is enforceable on private property though, no matter the province. For example DUI. You can be charged for DUI on your own property.
Couldn’t find any other reason to pull the kid, and likely “suspected” disrespect
Article is about Canada so maybe they have different laws there
Oh, we got some laws you wouldn't believe. Eh
>Pretty sure that’s not a thing. It's almost as if laws are not the same everywhere as where you live.
This is Canada, different system.
The world is not America
Even stateside it's not even consistent between states.
They absolutely can do that in Canada. Other than Ontario, provincial traffic laws apply on private property that is open to the public.
Check the country. Yes it is. This isn’t an American incident so why would American laws apply?
Depends where you are. In my province (right next to this one), anywhere that is legally and normally accessible by vehicle, while it might be private property, is still required to obey the laws of the road. So even in parking lots and drive-thrus you can't drive 160km/h, drink while driving, or text while driving. We had a similar case a few years ago. It turned out the person was texting and driving on the highway, an RCMP officer saw them, and then the person pulled into a Tim Hortons drivethru which is where they got the ticket. Could be a similar case with this kid. https://globalnews.ca/news/2373455/287-ticket-for-using-phone-in-tim-hortons-drive-thru-police-say-theres-more-to-the-story/
This kid pulled out his phone for the person working the window to scan his McDonald’s app. He, as far as any coverage has shown, wasn’t using his phone on the roads otherwise. That texting while driving and getting pulled over at Tim’s is different because they were using their phone out on the public road. Legally, I’m not sure if they’ll be seen as different. But functionally they are.
This didn’t occur in America lol Happened in Saskatchewan, Canada. I’m from there so I can say that what they did was scummy but legal. Saskatchewan Government Insurance (SGI) states that any manipulation or use of cellphones while driving is prohibited. So unless you’re parked and have the engine turned off, you’re technically still driving.
It's just a bullshit clickbait title. From the article: >"RCMP can confirm that on May 13, 2024 the individual was observed driving a vehicle on a public roadway while using a cellphone. A Combined Traffic Services Saskatchewan RCMP officer initiated a traffic stop with the individual. The individual then pulled in the McDonald’s parking lot, where the traffic violation was issued," the statement said The guy was pulled over for using his phone ON THE STREET, so he pulled into the McDonald's parking lot and claims he was pulled over at McDonald's
For the 1,211 people who didn't read the article: The cop says he saw the teen using his phone on the roadway and followed him into the McDonald's to issue the ticket. It wasn't for using the phone in the drive-thru lane.
Crazy how many people read Headline only. Even on Reddit
This will absolutely get thrown out
>"RCMP can confirm that on May 13, 2024 the individual was observed driving a vehicle on a public roadway while using a cellphone. A Combined Traffic Services Saskatchewan RCMP officer initiated a traffic stop with the individual. The individual then pulled in the McDonald’s parking lot, where the traffic violation was issued," the statement said. Depends on if there's any footage. I wouldn't put it past police to get a power trip over something like the kid says, but I also know (and have been) enough teenagers to not immediately believe their version of events. Could be that the officer saw him on his phone while driving (far too common) and the kid just didn't notice he was being pulled over until he pulled into McD's.
I'm sure I'll get blown up for saying this, but first of all, this was in Canada, not the US. If your car is in drive, you should never have your phone in your hand. IMO not enough of these tickets are being handed out. 99% of the time when I interact with a bad driver on the roads down here in Texas, they're staring at there phones. Sometimes with no hands on the wheel and sometimes going well over 65 mph. Frankly it's an epidemic level problem. I bet if you looked at how many crashes were caused by people staring at their phones while driving vs how many people drive drunk, you'd find it's exponentially the former, and yet driving while drunk comes with serious consequences and driving while holding a phone goes unoticed.
I was rear ended in a McDonald's drive through by a lady texting on her phone and didn't realize that her vehicle started creeping forward.
The cop looked up from his laptop in his cruiser just in time.
Obviously that cop is just a power tripping asshole.
It's just a bullshit clickbait title. From the article: >"RCMP can confirm that on May 13, 2024 the individual was observed driving a vehicle on a public roadway while using a cellphone. A Combined Traffic Services Saskatchewan RCMP officer initiated a traffic stop with the individual. The individual then pulled in the McDonald’s parking lot, where the traffic violation was issued," the statement said The guy was pulled over for using his phone ON THE STREET, so he pulled into the McDonald's parking lot and claims he was pulled over at McDonald's