So instead of a court date, I received a conviction notice.
The ticket I was given was not signed. I always planned to fight it because I understand that to be a fatal error. Can I appeal this conviction? Any thoughts on how I should proceed now would be greatly appreciated.
Thanks in advance. Greg.
Is there any way I can determine what was supplied to the court. My understanding is that while minor errors can be fixed, a missing signature on this document is a fatal error.
Added to which I wasn't even talking or texting on my phone. I simply picked it up to look at who was calling me as I was expecting an important call.
What if I was convicted on a ticket where the affidavit supplied to the court wasn't signed because someone wasn't paying attention.
Thank you again and cheers, Greg.
The only way you’re going to find out if the original was signed is to apply to have the case reopened, have that motion granted and obtain a copy of it as part of disclosure.
So if I understand you correctly you can't even look at your phone to see who is calling? What difference is that from eating a donut or reaching for a coffee?
I will find out in a week if they decide to re-open the case. Thanks for your input and cheers,
You can, you just have to have your phone mounted. There's also an exemption for pressing a button so you can make, answer, or end a call as long as it's hands free.
The problem is your phone wasn't mounted. One of the elements of the distracted driving law is whether or not you were holding your phone.
That's where you have an issue.
People generally don't stare into their donuts or coffee.
If your eating influences your driving, you can be charged with careless driving.
As Bend said, distracted driving is distracted driving.
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