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Ontario Highway Traffic Act

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Cellphone ticket while looking for address
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PostPosted: Sat Sep 17, 2011 8:51 am 
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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?


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Re: Cellphone ticket while looking for address
PostPosted: Sat Sep 17, 2011 11:00 am 
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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.


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Re: Cellphone ticket while looking for address
PostPosted: Sat Sep 17, 2011 7:04 pm 
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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.

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Re: Cellphone ticket while looking for address
PostPosted: Sat Sep 17, 2011 7:33 pm 
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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

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Re: Cellphone ticket while looking for address
PostPosted: Sat Sep 17, 2011 7:59 pm 
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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?

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Re: Cellphone ticket while looking for address
PostPosted: Sat Sep 17, 2011 8:04 pm 
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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.

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Re: Cellphone ticket while looking for address
PostPosted: Sat Sep 17, 2011 8:13 pm 
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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?


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Re: Cellphone ticket while looking for address
PostPosted: Sat Sep 17, 2011 9:39 pm 
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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.

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Re: Cellphone ticket while looking for address
PostPosted: Sun Sep 18, 2011 12:18 am 
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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.


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Re: Cellphone ticket while looking for address
PostPosted: Sun Sep 18, 2011 4:01 am 
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Interesting I see now! Thanks Stanton and Hwybear!

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Re: Cellphone ticket while looking for address
PostPosted: Sun Sep 18, 2011 10:51 am 
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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.

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Re: Cellphone ticket while looking for address
PostPosted: Mon Sep 19, 2011 10:56 am 
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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

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Re: Cellphone ticket while looking for address
PostPosted: Mon Sep 19, 2011 11:28 am 
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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.

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Re: Cellphone ticket while looking for address
PostPosted: Mon Sep 19, 2011 1:30 pm 
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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.


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Re: Cellphone ticket while looking for address
PostPosted: Mon Sep 19, 2011 2:25 pm 
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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

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