just wanted to ask for some advice...if anyone has any.
I need to go to court tomorrow for my handheld device ticket. I have never been, so I have no idea what I am supposed to do. Are you allowed to explain anything? I am told you are not but do not know.
I have my disclosure - I was pulled over because I was holding the phone up as it was on speaker phone. I did not deny that I was talking, but my Bluetooth didn't connect so I was only on the phone a few minutes. The officer wrote that I said I had an iPhone, which I most certainly did not, as I even showed him my phone and clearly it was not an iPhone.
I am hoping they will get rid of the points at least but I do not have high hopes. I have never had any other tickets, and the officer did say I was courteous and very remorseful.
anyways, any advice would be appreciated
I hate to be the bearer of bad news, but truly you don't have much hope.
There is information about the process for self-representing defendants on the Ontario Ministry of Justice website, I don't have a link handy though.
Be aware that the court has no authority to modify the demerit points.You may make submissions as to penalty, ask for more time to pay, etc.
From a legal perspective, your only hope is on cross-examination of the officer to somehow introduce reasonable doubt that you were holding a cell phone at all. That will be a very tall mountain to climb.
If you take the stand to testify, you will be subject to the prosecutor asking you if you were holding a cell phone. Do not perjure yourself.
Once you admit to holding the phone, you're dead in the water. The court is also not going to want to hear about why you feel justified to be breaking the law.
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