Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 7 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Can I fight this cell phone ticket?
Author Message
PostPosted: Sun Nov 22, 2015 3:52 pm 
Offline
Newbie

Joined: Sun Nov 22, 2015 3:40 pm
Posts: 3
I drove to the variety store around the corner from my house today (3 minute drive). On the way back I was stopped at a red light and picked up my phone to check it, then when the light went green I stopped looking at it and drove. As I was turning the corner at the red light I saw some flashing lights.

I ended up with almost $800 in tickets. One for not having my seat belt and another for distracted driving of almost $500. I told the officer I didn't even send a text and was only looking at it while stopped, which he said was against the law and there's nothing he could do.

I don't feel like I did $800 worth of stuff wrong here. I wasn't out endangering people and acting recklessly. The seatbelt ticket I deserve. Even then it doesn't effect anyone other than me, and the place is around the corner from my house. None the less, that is the law.

I was just talking to a friend who's an officer, and he said he thinks there's precedent where you can get off if using it at a light and he'd look into it for me. Still, this sure seems like a lot of money for an officer to charge a student when I'm not really causing any danger to anyone.

Thanks for any help,


Top
 Profile  
 
Re: Can I fight this cell phone ticket?
PostPosted: Sun Nov 22, 2015 4:45 pm 
Offline
Sr. Member

Joined: Tue Sep 15, 2015 10:20 am
Posts: 324
Your officer friend is wrong. You can't use a cell phone at a light, or a stop sign, if you are stopped, no matter what you are doing with it. The only option is to pull over, off the live lane of traffic, put it in park and then use it. As well as the fines, there are three points for the cell phone and two for the seat belt...having said that, if convicted of both, you will just get the points for the greatest points violation, the cell phone...If you go see the prosecutor they will more than likely withdraw one if you plead guilty to the other, depending on your record.


Top
 Profile  
 
Re: Can I fight this cell phone ticket?
PostPosted: Sun Nov 22, 2015 4:58 pm 
Offline
Newbie

Joined: Sun Nov 22, 2015 3:40 pm
Posts: 3
screeech wrote:
Your officer friend is wrong. You can't use a cell phone at a light, or a stop sign, if you are stopped, no matter what you are doing with it. The only option is to pull over, off the live lane of traffic, put it in park and then use it. As well as the fines, there are three points for the cell phone and two for the seat belt...having said that, if convicted of both, you will just get the points for the greatest points violation, the cell phone...If you go see the prosecutor they will more than likely withdraw one if you plead guilty to the other, depending on your record.

Thank you for the advice.

I have nothing on my drivers record. So, would my best bet be to hire one of those traffic ticket places to talk to the prosecutor or go to court myself? I'm not really sure how this whole system works. The police officer said that there was no wiggle room, the price is the price if you're charged with it. Is my only way to get this lowered by getting them to remove one of the tickets?

Thanks again.


Top
 Profile  
 
Re: Can I fight this cell phone ticket?
PostPosted: Sun Nov 22, 2015 5:09 pm 
Offline
Sr. Member

Joined: Wed Mar 30, 2011 1:08 pm
Posts: 536
Location: Ontario
Typically you plead not guilty and ask for a court date, when you get one, you request disclosure to see if the evidence against you can support a conviction. From there you can decide if you want to seek out a plea deal or fight it. Possibly, you could potentially beat the charges in other ways such as it taking too long to come to trial, officer no-show, or repeated improper disclosure.


Top
 Profile  
 
Re: Can I fight this cell phone ticket?
PostPosted: Sun Nov 22, 2015 5:15 pm 
Offline
Newbie

Joined: Sun Nov 22, 2015 3:40 pm
Posts: 3
ynotp wrote:
Typically you plead not guilty and ask for a court date, when you get one, you request disclosure to see if the evidence against you can support a conviction. From there you can decide if you want to seek out a plea deal or fight it. Possibly, you could potentially beat the charges in other ways such as it taking too long to come to trial, officer no-show, or repeated improper disclosure.

Thanks.

I've heard of getting off by things like officer no-show, but do you have any idea on the percentages on those things working? 2% of the time the officer doesn't show or 50% of the time?

Also, am I capable on my own (or with advice from Police Officer friends) on figuring out if there is enough evidence to support a conviction or should I hire someone?


Top
 Profile  
 
Re: Can I fight this cell phone ticket?
PostPosted: Sun Nov 22, 2015 7:19 pm 
Offline
Sr. Member

Joined: Tue Sep 15, 2015 10:20 am
Posts: 324
It will cost you nothing to talk with the prosecutor and attempt to get a deal. It will cost you hundreds to talk to a paralegal or lawyer to do the same for you and likely get the same deal. Once you talk to the prosecutor, you can make up your mind as to whether to take the deal or fight it. If you want to fight it, that would be a good time to seek legal representation. No sense in you asking for disclosure at this stage because you won't know what's good and what's not anyway.


Top
 Profile  
 
Re: Can I fight this cell phone ticket?
PostPosted: Mon Nov 23, 2015 3:56 pm 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
Don't hire anybody YET ...

Plead not guilty and request a trial with the officer present. Once you get your notice of trial, then request disclosure (officers notes). Once you get the notes post them back here for us to look at.

Once we have looked at them, then we can advise of your options.

_________________
+++ This is not legal advice, only my opinion +++


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 7 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. How to fight a cell phone ticket??

ae33

1

3820

Wed May 15, 2013 4:52 pm

iFly55 View the latest post

There are no new unread posts for this topic. Cell phone ticket while on boulevard

torontotom

1

1093

Fri Sep 21, 2012 1:38 am

bend View the latest post

There are no new unread posts for this topic. Attachment(s) Cell Phone Ticket. Need Advice

[ Go to pageGo to page: 1, 2 ]

forevergone

29

1415

Mon Jun 12, 2017 9:15 am

EphOph View the latest post

There are no new unread posts for this topic. Cell phone usage ticket in Quebec.

2slow2go

3

1969

Tue Feb 17, 2009 9:17 am

2slow2go View the latest post

There are no new unread posts for this topic. OOPS! Anyone beat a cell phone ticket yet?

ponyboyt

9

11658

Wed Oct 20, 2010 10:06 pm

OPS Copper View the latest post

There are no new unread posts for this topic. Cell Phone Ticket. Questions and do I have a defense?

Vinny

4

7088

Tue Nov 15, 2011 1:12 pm

Stanton View the latest post

There are no new unread posts for this topic. No disclosure for cell phone ticket GTA

Bil22

4

964

Fri May 10, 2013 10:28 am

iFly55 View the latest post

There are no new unread posts for this topic. Cell Phone Ticket. Questions and do I have a defense?

Brash911

4

1615

Tue Jul 22, 2014 11:15 am

highwaystar View the latest post

There are no new unread posts for this topic. Ticket for Using Hand Held Device (Cell phone)

Mak Man

3

8097

Tue Jul 20, 2010 9:45 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Cell Phone Ticket - Valid Deffence?? Worth trying?

LADYDREAMER

4

5317

Thu Jan 05, 2012 8:28 pm

Stanton View the latest post

There are no new unread posts for this topic. New cell phone case law

Stanton

0

1088

Fri Sep 27, 2013 3:30 pm

Stanton View the latest post

There are no new unread posts for this topic. Bogus cell phone usage charge

SherryP

2

900

Wed May 07, 2014 2:34 pm

trenchknife View the latest post

 


Who is online

Users browsing this forum: No registered users and 2 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.