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

Hello, I am about to request a trial, on a current charge under the Highway Traffic Act 78.1(1). I was pulled over by an officer who stated that he saw me talking on a cell phone, when in fact I was talking to my dispatcher on our two way radio, as I am a courier driver, I tend to hold the mic close to the side of my mouth as my dispatcher complains of not being able to hear me. The officer simply accused me of talking on a cell phone, and would not even listen to my explanation about the radio that he would be able to see plain as day the mic on the seat of the passenger side. He asked for my licence and registration etc. went back to his suv and brought me a ticket for $225 set fine $280 payable. I understand that there has to be "beyond reasonable doubt" in a case like this, if this officer simply comes with "his" story and no evidence of a cell phone, can he win this? My actual cell phone was on my right side belt clip where he wouldn't even be able to see it.. Please let me know my options here..

Two-way radios for commercial (that includes courier) are temporarily exempt from the distracted driving law. They've been trying to phase out traditional two ways out for several years now for a permanent hands free solution but they keep extending the deadline.

Your best bet is to request a trial, provide proof of your job as a courier, and that the device you were using was in fact a two way radio.

bend wrote:

Two-way radios for commercial (that includes courier) are temporarily exempt from the distracted driving law. They've been trying to phase out traditional two ways out for several years now for a permanent hands free solution but they keep extending the deadline.

Your best bet is to request a trial, provide proof of your job as a courier, and that the device you were using was in fact a two way radio.

Thank you for your response "bend". This seems to be the best route. If I was to choose option 2, to speak to the prosecutor about dropping the charge all together, could this hurt my case if he declines and it goes to trial? For example, giving away my defense to the prosecution?

Just make sure you read over the sections of the regulation pertaining to exemptions for commercial use of hand held devices to make sure you fit all of the points for the exemption.

http://www.e-laws.gov.on.ca/html/regs/e ... 0366_e.htm

Decatur wrote:

Just make sure you read over the sections of the regulation pertaining to exemptions for commercial use of hand held devices to make sure you fit all of the points for the exemption.

Especially section 12(2)(1) of the Regulation where it says "Drivers of motor vehicles clearly identified as courier delivery vehicles."