Cell Phone Ticket. Questions and do I have a defense?

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Cell Phone Ticket. Questions and do I have a defense?

by: Vinny on
Mon Nov 14, 2011 10:01 am

I have a court date in January for a cell phone/distracted driving ticket. I have a few questions.

1. Does this ticket go on your driving abstract like a speeding ticket would.

2. I was not talking on my cell phone but a blue tooth set. The one that attaches to the visor above the window. I was at a red light and had the device plugged in as the battery was low. I picked the device up to hear the person I was talking to better while I was fully stopped. The blue tooth was not attached to the visor at this point in time.

3. Could I ask the cop to indentify the device I was using? I doubt he noticed it was a blue tooth? Would this help my cause?

I did not push the issue with the officer when the ticket was issued. I just took the ticket. I reviewed the legislation for this law and the type of blue tooth i was using was not mentioned directly. I also noticed there was a piece about talking being ok if your auto was not moving ( mine was at a red light)

Thoughts are appreciated. Thanks.
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by: OPS Copper on
Mon Nov 14, 2011 10:25 am

Stopped at a light is not parked. To be parked you need to be off the roadway or stopped lawfully and not impeding traffic.

Holding a blue tooth is still driving holding a hand held communication device. It needs to be well for simplicity sake Not in your hand.

I guess that is why the section says communication device and not a cell phone.

Police will testify that they saw you holding a communication device. There is no way cops can or will know all the devices out there.

My evidence is causally something simple like I observed driving holding XXXXX either up to his ear or in front and that I observed his mouth to be moving as if he was speaking. I will also describe what the device looked like to me such as square, black and grey in color, curly cord running down etc.

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Simon Borys
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by: Simon Borys on
Mon Nov 14, 2011 5:35 pm

These tickets do go on your driving record, like all driving tickets.

The officer just has to prove that it was a device capable of transmitting/receiving data, not specifically what type of device it was.

The closest thing in the exemptions would be s. 14(2) in O/Reg. 366/09, which says:

A person may drive a motor vehicle on a highway while pressing a button on a device that is worn on his or her head or hung over or placed inside his or her ear or is attached to his or her clothing and is linked to a hand-held wireless communication device to make, answer or end a cell phone call or to transmit or receive voice communication on a two-way radio or a hand microphone or portable radio.
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