Handheld Device, court tmr. Maybe officer on my side

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Chillcar
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Handheld Device, court tmr. Maybe officer on my side

by: Chillcar on
Mon Apr 20, 2015 8:34 pm

Preparing a for a case tomorrow, a ticket I got for handheld device a while back. The "narrative text hardcopy" in the disclosure is only 6 sentences long. It basically says he observed a vehicle (mine, I assume) on ____ Rd, driver seen with blk handheld device raised to his ear in his left ear. And then once vehicle is stopped he was satisfied with my IDs and things like that.
I am defending my case tomorrow in Toronto. It did not mention any video evidence or anything, just that one sentence of him saying that I am seen with the device from a distance while observing the vehicle. It is my first ever ticket, so any tips advice would be nice.

Without getting into details, perhaps maybe the cop told me that I can fight it however I want and that he wont refute it. Meaning he may lean on my side to support me. However I still have to make a proper effective case for the judge to approve, but how would you go about it?
My first time at court, I am clueless. 6 sentences already out the bottle (in disclosure) - His car, where he was, saw my car, seen with device, satisfy with ID, and another case that got taken care of supposedly.

So far what I think:
Seeing someone hold up something in a car from afar can be accurate or very inaccurate. Perhaps I was not holding anything at all, and I say this from an blank slate point of view. And if anything, it can be anything. And for my case without getting too much detail, if I did raise anything up while driving it would be my right hand. So I am really confused with disclosure saying that I was (#1) holding something, (#2)a device with my (#3) left hand. I will try to question the officers certainty to whether he can really see and sure that I was holding anything. Officers had sunglasses on and approached me sort of aggressively first.


ynotp
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by: ynotp on
Mon Apr 20, 2015 9:00 pm

The officer will testify as to what is in his notes he's just a witness like you. You will challenge the officers credibility on cross examination and/or give your own conflicting testimony stating that you are absolutely certain you were not holding a phone. The prosecutor is the one who will challenge your version of events. If you are the more credible one in the the eyes of the JP you win. Easier said than done... I would advise you to go to court super early and watch some other trials to get an idea of what you are up against....but it is likely too late for that.


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bobajob
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by: bobajob on
Tue Apr 21, 2015 9:28 am

can't see why a cop will book you for an offence, take the time and trouble to do the paperwork and then offer to " and that he wont refute it. Meaning he may lean on my side to support me"
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* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail




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