Court dropped his driving suspension but MPI won't, and he can't get a job behind the wheel
Brian Kaplan can't get a job as a commercial driver even though his suspension — for using a cellphone behind the wheel — was dropped by the courts.
It's why Kaplan is asking the provincial government to change the legislation in the Highway Traffic Act.
'I went to traffic court and (after a hearing) the charge was dropped by the prosecutor,' Kaplan said Tuesday.
'I didn't get a fine or demerit points. But, a few months later, when I got a commercial driver abstract for a job I was applying for, the suspension was still listed. I thought it was a mistake, so I contacted (Manitoba Public Insurance).
'That's when they said it is added no matter what the courts say. I did nothing wrong, but now I can't get a job driving.'
JOHN WOODS / FREE PRESS
Brian Kaplan is fighting MPI to have his driving abstract adjusted. He claims their refusal to do so has prevented him from getting two commercial driving jobs.
JOHN WOODS / FREE PRESS
Brian Kaplan is fighting MPI to have his driving abstract adjusted. He claims their refusal to do so has prevented him from getting two commercial driving jobs.
Kaplan said he has already been rejected by Uber and a courier company because of the noted suspension.
'Is it the government's stance to prevent people from getting employment?' he said.
Len Eastoe, who was a Winnipeg police officer before founding Traffic Ticket Experts three decades ago to help defend people in traffic court, said Kaplan is not the only motorist who has encountered the same problem.
'I hear about this all the time,' Eastoe said, adding the courts have indicated they have no control over MPI in situations such as this one.
MPI spokeswoman Tara Seel said the suspensions are added to driver abstracts separately from the court process.
'Roadside administrative suspensions are independent of the outcome of any charges or convictions that may result from the incident,' Seel said. 'The charge is dealt with in court and has no bearing on the administrative suspension.
'I did nothing wrong, but now I can't get a job driving.'–Brian Kaplan
'There is no ability in legislation for MPI to review or remove these suspensions from a driver's record… the Highway Traffic Act specifically bars a person from appealing a roadside administrative suspension resulting from the use of a hand-operated electronic device to the (Licence Suspension Appeal Board).'
MPI said the suspension will stay on Kaplan's record for five years — until August 2028 — when it will disappear.
Kaplan was driving near the Disraeli Freeway on Aug. 13, 2023 when he spotted an officer in an unmarked vehicle using a radar gun to catch speeders. The vehicle was parked on a grass boulevard.
He said he was a member of a North Point Douglas residents association which, at the time, was making an effort to beautify the neighbourhood. He'd already complained to the Winnipeg Police Service that officers had been tearing up the grass.
'So I pulled over, with my wheels on the sidewalk, stopped and took a picture of him. I didn't even enter traffic again, when he was suddenly behind me,' he said.
'When the cop came up he was surly and he said, 'That's the most expensive picture you'll be taking for a long time.' The ticket was for $672.'
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Kaplan is adamant he was stopped when he took the photo, but the officer's report on the ticket alleges he was 'holding a full screen smart style phone in front of his face with both hands… while travelling at five to 10 kilometres per hour the entire time.'
But, after Kaplan presented his side of the story in court in March 2024, the Crown attorney stayed the charge and the judicial justice of the peace hearing the case accepted the decision.
Kaplan said he reached out to both Premier Wab Kinew and Justice Minister Matt Wiebe last November, and again last week.
A ministerial spokesperson said 'while we cannot comment on this specific case, ensuring safety for Manitobans on our roads is our top priority.
'The current legislation around distracted driving, including cellphone use, serves as a critical deterrent to dangerous behaviour behind the wheel. However, we are looking into this specific matter and reviewing the concerns brought forward by this individual.'
kevin.rollason@freepress.mb.ca
Kevin RollasonReporter
Kevin Rollason is a general assignment reporter at the Free Press. He graduated from Western University with a Masters of Journalism in 1985 and worked at the Winnipeg Sun until 1988, when he joined the Free Press. He has served as the Free Press's city hall and law courts reporter and has won several awards, including a National Newspaper Award. Read more about Kevin.
Every piece of reporting Kevin produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press's tradition, since 1872, of producing reliable independent journalism. Read more about Free Press's history and mandate, and learn how our newsroom operates.
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