Hello, I am looking for advise what to do with a cellphone fine received couple of days ago while standing in red light, looking at the phone for address. I have explained it to the cop but nothing helped. Should I ask for trial option 3 ? Any chance of having the judge dismiss the case based on the circumstances or the cop not showing up for trial ? Or, should I go for option 2?
Wireless communication devices 78.1 (1) 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 Hands-free mode allowed (3) Despite subsections (1) a person may drive a motor vehicle on a highway while using a device described in those subsections in hands-free mode. Exceptions (5) Subsection (1) does not apply in respect of the use of a device to contact ambulance, police or fire department emergency services. Same (6) Subsections (1) does not apply if ALL of the following conditions are met: 1. The motor vehicle is off the roadway or is lawfully parked on the roadway. 2. The motor vehicle is not in motion. 3. The motor vehicle is not impeding traffic.
atal wrote:
I am looking for advise what to do with a cellphone fine received couple of days ago while standing in red light, looking at the phone for address. I have explained it to the cop but nothing helped.?
Wireless communication devices
78.1 (1) 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
Hands-free mode allowed
(3) Despite subsections (1) a person may drive a motor vehicle on a highway while using a device described in those subsections in hands-free mode.
Exceptions
(5) Subsection (1) does not apply in respect of the use of a device to contact ambulance, police or fire department emergency services. Same
(6) Subsections (1) does not apply if ALL of the following conditions are met:
1. The motor vehicle is off the roadway or is lawfully parked on the roadway.
2. The motor vehicle is not in motion.
3. The motor vehicle is not impeding traffic.
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca
Don't read too much into that link, it's just a summary, not the actual law. Bear has posted the actual law above. The section states it's illegal to hold a device CAPABLE of making phone calls, messaging, etc. In other words, the fact that you had it in your hand is illegal. You weren't making a phone call, but it's a device capable of doing so. There's nothing vague about how the Courts have interpreted the law. By all means go to trial, but what you're arguing at the moment isn't a defence. If you don't have a valid defence and the officer shows, you're probably better off seeking a plea deal.
atal wrote:
Everyone, thank you very much for your input.
I would go for a trial. Based on the link provided "The law makes it illegal for drivers to talk, text, type, dial or email using hand-held cell phones and other hand-held communications and entertainment devices". I wasn't don't any of these.
It does state though it should be mounted, so it looks like there is still a fault, but definetly it's vague.
Don't read too much into that link, it's just a summary, not the actual law. Bear has posted the actual law above.
The section states it's illegal to hold a device CAPABLE of making phone calls, messaging, etc. In other words, the fact that you had it in your hand is illegal. You weren't making a phone call, but it's a device capable of doing so.
There's nothing vague about how the Courts have interpreted the law. By all means go to trial, but what you're arguing at the moment isn't a defence. If you don't have a valid defence and the officer shows, you're probably better off seeking a plea deal.
Wireless communication devices 78.1 (1) 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 Hands-free mode allowed (3) Despite subsections (1) a person may drive a motor vehicle on a highway while using a device described in those subsections in hands-free mode. Exceptions (5) Subsection (1) does not apply in respect of the use of a device to contact ambulance, police or fire department emergency services. Same (6) Subsections (1) does not apply if ALL of the following conditions are met: 1. The motor vehicle is off the roadway or is lawfully parked on the roadway. 2. The motor vehicle is not in motion. 3. The motor vehicle is not impeding traffic. So if you're illegally parked (such as a no parking zone, or on the side of the highway) you could still get a ticket?
hwybear wrote:
atal wrote:
I am looking for advise what to do with a cellphone fine received couple of days ago while standing in red light, looking at the phone for address. I have explained it to the cop but nothing helped.?
Wireless communication devices
78.1 (1) 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
Hands-free mode allowed
(3) Despite subsections (1) a person may drive a motor vehicle on a highway while using a device described in those subsections in hands-free mode.
Exceptions
(5) Subsection (1) does not apply in respect of the use of a device to contact ambulance, police or fire department emergency services. Same
(6) Subsections (1) does not apply if ALL of the following conditions are met:
1. The motor vehicle is off the roadway or is lawfully parked on the roadway.
2. The motor vehicle is not in motion.
3. The motor vehicle is not impeding traffic.
So if you're illegally parked (such as a no parking zone, or on the side of the highway) you could still get a ticket?
On the shoulder would be off the roadway, so that meets condition 1. You would be unlawfully parked if, say, you pulled to the side of a busy four-lane city street and claimed you weren't moving while using your cell phone. That would violate conditions 1 and 3. You are also "unlawfully parked" if you try to use your cell phone while stopped at a red light (although, I'll admit, I've scrolled through my list of emails while stopped at longer reds).
On the shoulder would be off the roadway, so that meets condition 1. You would be unlawfully parked if, say, you pulled to the side of a busy four-lane city street and claimed you weren't moving while using your cell phone. That would violate conditions 1 and 3. You are also "unlawfully parked" if you try to use your cell phone while stopped at a red light (although, I'll admit, I've scrolled through my list of emails while stopped at longer reds).
Found myself in similar circumstances last Friday, when i woke my iphone up while stopped at a red light. I wasnt holding it, just had it resting on my center console of the truck. My iphone was in GPS mode and goes to sleep after a period of inactivity. The lights i stopped at are a 90 second change due to ongoing road works and a cop in a cruiser that had stopped beside me in traffic, saw me scroll the phone screen (run my finger along the screen to wake it up) and tap the screen, all while it was sitting on the console. He gets out and taps on my passenger window, demands my licence claiming i was using my phone? I was totally taken aback, next thing i get a ticket for $155.00. After handing me the ticket, he asked me what i had, an iphone or a tablet? so he didnt see what i had, just saw me looking down at it...After reading these forums, it seems that ignorance is no defence, but i had no idea it was illegal to touch a phone whilst stationary? I would really like to fight this on principle alone, i was stationary and in park. I was not holding the phone, i was not talking, texting or emailing - simply looking at the gps display to see what way i should head. The cop was overzealous, but i guess that is a personal view From my readings, fighting it would be futile, so would you suggest i plea bargain this? Thanks for any input
Found myself in similar circumstances last Friday, when i woke my iphone up while stopped at a red light. I wasnt holding it, just had it resting on my center console of the truck. My iphone was in GPS mode and goes to sleep after a period of inactivity. The lights i stopped at are a 90 second change due to ongoing road works and a cop in a cruiser that had stopped beside me in traffic, saw me scroll the phone screen (run my finger along the screen to wake it up) and tap the screen, all while it was sitting on the console. He gets out and taps on my passenger window, demands my licence claiming i was using my phone? I was totally taken aback, next thing i get a ticket for $155.00.
After handing me the ticket, he asked me what i had, an iphone or a tablet? so he didnt see what i had, just saw me looking down at it...After reading these forums, it seems that ignorance is no defence, but i had no idea it was illegal to touch a phone whilst stationary? I would really like to fight this on principle alone, i was stationary and in park. I was not holding the phone, i was not talking, texting or emailing - simply looking at the gps display to see what way i should head. The cop was overzealous, but i guess that is a personal view
From my readings, fighting it would be futile, so would you suggest i plea bargain this?
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