Ontariohighwaytrafficact.com

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?

The fact that you were stopped at a red light and/or looking for an address is irrelevant, the charge is still valid and won't be dismissed.

You could select option 2 and request a reduced fine or option 3 and work out a plea deal with the Crown.

That does kinda suck. I know alot of the new smartphones give maps and directions now. Maybe try option 3 to plea down, but you will prob lose in court. Maybe argue and suggest you were using it as a GPS. Get a copy of your phone bill and make sure theres no calls at that time either. No calls/texts and then I would personally try to argue I was using it as a GPS only at that time. If you were to win that you would prob make a new case law.

admin wrote:

Maybe argue and suggest you were using it as a GPS. Get a copy of your phone bill and make sure theres no calls at that time either. No calls/texts and then I would personally try to argue I was using it as a GPS only at that time. .

GPS is included in the legislation too...they are not to be touched while driving either....so would stay away from that reason too

Hmm interesting, but he did say he was stopped at the Red. I know any hand held device is not allowed while driving but he was stopped at a Red Light though and was not technically in motion at the time.

So then would that mean that to use any hand held device you must be off the road, in park, and car turned off?

Also, would a cup of coffee be considered a hand held device? I mean people drink stuff while driving all the time. Would I get a ticket if I was seen drinking coffee while driving?

Actually, I am going to answer my own question. You do have to be pulled off the road and in park.

http://www.mto.gov.on.ca/english/safety ... ndex.shtml

Sorry Atal, looks like your best bet is going to be a plea bargain to reduced charge/fine.

With regards to your drinking coffee while driving inquiry, it would make sense that you could get a ticket for it. I've never heard of it happening, but I have heard of people getting a ticket for eating (a sandwich) while driving. Where do you really draw the line between the two?

Thats a good line to draw. I heard of a girl that got a careless when she was eating cereal in a bowl while driving LOL. When the cop pulled her over she had cereal all over her LOL.

I would be interested to know if drinking coffee is allowed or not while driving.

admin wrote:

I would be interested to know if drinking coffee is allowed or not while driving.

The act itself isn't illegal per se, but the potential for a careless driving charge does exist. It would need to be shown that holding/drinking your coffee resulted in you driving without due care and attention.

A cup of coffee isn't a "device" as defined by the new legislation. FYI, the act makes it illegal to hold a phone, regardless of what purpose it's being used for.

Interesting I see now! Thanks Stanton and Hwybear!

I did distracted driver counts for OPP a few months ago, and as far as coffee went I drew the line at whether or not they used the cup holder. If they took a sip and placed it back, that was fine. Those who were holding the cup and steering with one hand (or with the coffee cup pressed against the steering wheel) were recorded as a distracted driver.

Stanton wrote:

admin wrote:

I would be interested to know if drinking coffee is allowed or not while driving.

The act itself isn't illegal per se, but the potential for a careless driving charge does exist. It would need to be shown that holding/drinking your coffee resulted in you driving without due care and attention.

A cup of coffee isn't a "device" as defined by the new legislation. FYI, the act makes it illegal to hold a phone, regardless of what purpose it's being used for.

Well put Stanton!!

I'll toss in there that the act of drinking and/or eating is born into humans as survival....where as touching a GPS or yacking on a cellphone is not

According to the law the GPS has to be mounted on the dashboard. But I'm wondering Can I use my Tablets GPS unit without mounting it? It is a 10" screen and would just lay on the passenger seat.

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.

admin wrote:

According to the law the GPS has to be mounted on the dashboard. But I'm wondering Can I use my Tablets GPS unit without mounting it? It is a 10" screen and would just lay on the passenger seat.

78. (1) No person shall drive a motor vehicle on a highway if the display screen of a television, computer or other device in the motor vehicle is visible to the driver

Exceptions

(2) Subsection (1) does not apply in respect of the display screen of,

(a) a global positioning system navigation device while being used to provide navigation information

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.

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.

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?

As long as your parked/pulled over to the side I think you would be ok.

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