HELP: Ticket using Handheld device
Thread Starter
Burning Brakes
Joined: Nov 2010
Posts: 892
Likes: 56
From: Vaughan
HELP: Ticket using Handheld device
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
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
Race Car
Joined: Nov 2004
Posts: 4,859
Likes: 50
From: Hamilton, Ont. Canada
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.
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.
Nordschleife Master
Joined: Mar 2004
Posts: 8,573
Likes: 97
From: great white north
Section 78.1 of the Ontario Highway Act, which says:
No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or text messages.
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Burning Brakes
Joined: Jan 2010
Posts: 768
Likes: 1
From: Toronto
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)?
Were you driving at the time, or standing still (that will make the biggest difference)?
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Racer
Joined: Jul 2011
Posts: 355
Likes: 3
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.
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.
Advanced
Joined: Sep 2012
Posts: 84
Likes: 0
From: Milton,Ontario
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.
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.
Burning Brakes
Joined: Feb 2007
Posts: 1,020
Likes: 61
From: Guelph Ontario
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
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
Case dismissed. It may have been on appeal.
Hopefully Google is your friend. Start hunting.
Thread Starter
Burning Brakes
Joined: Nov 2010
Posts: 892
Likes: 56
From: Vaughan
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.
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.
Team Owner
Joined: Aug 2005
Posts: 28,510
Likes: 1,642
From: Cambridge Ontario Canada
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 ..
Race Car
Joined: Nov 2004
Posts: 4,859
Likes: 50
From: Hamilton, Ont. Canada
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.
