Chimcu

So looks like the bastards did not drop the ticket and my trial is coming up. Long story short, cops says he was watching me for 3 sec and saw me "hold" my cell phone in my hand.

Was not dialing or texting at the time .. Just pulled it out to put on my seat since it gets really hot (stupid phone) and dont' want that around the baby factory if you know what I mean.

Was ticketing for using handheld device.. any chance? or should I just take the plea bargain

jumper5836

All you need to do "is hold it" for it to stick.

John 996 TT Cab

Same concept in BC. You pick it up for any reason and you can get the ticket. This includes while stopped at a traffic light.

theiceman

yup Christien i think or someone in this group got one for pulling it out and looking at it at a stop light
pay the 155 and move on ..

Christien

You didn't get ticketed, you got taxed, plain and simple.

Yes, I got a ticket for reading an email at a red light. Cop said it has to do with situational awareness. Apparently it's also unsafe to read billboards, signs, ads on the back of the bus, newspaper, radio station/buttons, etc etc etc while stopped at a red light, just not illegal.

In the end, it's not worth fighting unless you're almost out of demerit points. But do remember that it counts as a conviction towards your insurance, same as a speeding ticket. Yes, my friends, I found out the hard way. 2 speeding tickets, a use of handheld ticket, and a ticket for not having insurance papers on me with one of the speeding tickets (got a new pink slip literally that very day, hadn't put it in the car yet) would have put me into facility insurance were it not for the fact that my insurance policy is a garage policy.

wc11

Dumb question but what if it's the remote for the stereo?
Is it classified the same way?

jumper5836

No.

Section 78.1 of the Ontario Highway Act, which says:

Dr Mitch

Pull out your cell phone bill - has times of all incoming calls, etc - if not used, no texts, etc during the time he gave you the ticket, you could argue you were moving it to a safe spot in the car.
Were you driving at the time, or standing still (that will make the biggest difference)?

Saturn

Call these guys up and ask for Forch (yes that is his name). Tell him Saturn sent you.

Just ask him what your chances of fighting. Just his personal suggestion on the phone does not cost you.

But if he does represent you it will cost though.
http://www.redlinelegalservices.ca/c...legal-reviews/

They are very good.. at least in my books...they were able to reopen a missed trial with auto conviction and fought it through and won.

IXLR8

People only need to do one thing in a car...drive.

Akshun

hey bud, call Xcopper, havent you ever heard the radio ads?? "they'll get you off"
lol.
but seriously, its worth a try, personally i cant stand when i see people texting and driving or even talking on cell and driving, but it happens, so explain to the judge what you were doing and if he doesnt drop the case, he will atleast reduce the fine.

Brian 162

There was a case I think in Ottawa earlier last year. A woman was charged with the hand held charge. She (or her rep) argued it she wasn't using it just moving it from the seat (I forget the details).
Case dismissed. It may have been on appeal.
Hopefully Google is your friend. Start hunting.

Chimcu

yeah no text or out going phone calls during that time .. .. The fine was $155 no demerit points but I dont' want it on my clean record... I'll print out my phone bill and show up w/ that.. (thanks for the suggestion)

As for the driving and texting comment.. It's subjective IMO.. Personally, I know there's a crap load of people that should not be doing this nor driving alone as a matter of fact. But with that being said, there are people out there are more than capable of driving and talking on the phone, texting is another story. Just my opinion. But this is how our justice system works I guess. Some people can't drive so we make laws to accommodate them rather than make harder driving licensing tests.

theiceman

As greg correctly points out the law says you can not hold a device that is capable of those functions.. nothing about if you are using it for that .. you could be going down for the count ..

Christien

Our entire system is setup to cater to the lowest common denominator. Many facets of life seem a race to the bottom, rather than striving for excellence.