Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 4 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Handheld Device, court tmr. Maybe officer on my side
Author Message
PostPosted: Mon Apr 20, 2015 8:34 pm 
Offline
Newbie

Joined: Mon Apr 20, 2015 8:16 pm
Posts: 1
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.


Top
 Profile  
 
Re: Handheld Device, court tmr. Maybe officer on my side
PostPosted: Mon Apr 20, 2015 9:00 pm 
Offline
Sr. Member

Joined: Wed Mar 30, 2011 1:08 pm
Posts: 536
Location: Ontario
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.


Top
 Profile  
 
Re: Handheld Device, court tmr. Maybe officer on my side
PostPosted: Tue Apr 21, 2015 9:28 am 
Offline
Sr. Member
User avatar

Joined: Sun Apr 27, 2014 10:21 am
Posts: 504
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"

_________________
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


Top
 Profile  
 
Re: Handheld Device, court tmr. Maybe officer on my side
PostPosted: Wed Apr 22, 2015 8:21 am 
Offline
Sr. Member

Joined: Wed Mar 30, 2011 1:08 pm
Posts: 536
Location: Ontario
So..... How did it go?


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 4 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. I have a court tmr...can I just pay the fee?

lkh5650

1

454

Fri Dec 09, 2011 3:42 pm

Stanton View the latest post

There are no new unread posts for this topic. HANDHELD DEVICE

Rabbit

7

1095

Fri Jun 24, 2016 12:22 pm

Rabbit View the latest post

There are no new unread posts for this topic. Use of Handheld Device...even though I wasn't using it?!?!

chaos2034

4

971

Mon Oct 26, 2015 12:48 pm

bobajob View the latest post

There are no new unread posts for this topic. Handheld Device Ticket?

JimWD

8

1947

Fri Jul 08, 2016 5:06 pm

UnluckyDuck View the latest post

There are no new unread posts for this topic. Ticket - Driving Using Handheld device

Ferrari321

8

1820

Tue Jul 12, 2011 10:07 pm

Simon Borys View the latest post

There are no new unread posts for this topic. Getting a handheld device ticket reduced

NeXu5

1

2297

Mon Jul 14, 2014 5:01 pm

bend View the latest post

There are no new unread posts for this topic. Drive - handheld communication device

Myoogen

2

1143

Mon Jul 20, 2015 5:31 pm

iFly55 View the latest post

There are no new unread posts for this topic. Ticket for handheld comm. device (Was an FM Transmitter...)

ifiasco

2

1038

Fri Dec 14, 2012 10:04 pm

viper1 View the latest post

There are no new unread posts for this topic. Ticket for holding handheld device while driving

praveen_kumar

5

2099

Wed Dec 04, 2013 6:54 pm

bend View the latest post

There are no new unread posts for this topic. Driving while Holding Handheld Device - do I have a defense?

passthedonuts

1

1064

Mon Feb 09, 2015 11:06 pm

iFly55 View the latest post

There are no new unread posts for this topic. handheld communication device 778.1(1) ticket

dudilek

11

1266

Fri Feb 03, 2017 11:55 pm

Whenaxis View the latest post

There are no new unread posts for this topic. Handheld device - at red light - need advice

Ufo

11

586

Fri Feb 03, 2017 10:10 am

jsherk View the latest post

 


Who is online

Users browsing this forum: No registered users and 3 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.