Incorrect street of offence

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mskl87
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Incorrect street of offence

by: mskl87 on
Fri Feb 17, 2017 5:59 pm

I received a ticket for having a hand held communication device. I explained to the officer I was checking my GPS. However I guess the law clearly states if you're touching it, you can still get a ticket.

The issue is that the infraction occurred on the on ramp from hwy 8 to 401. He has the location written as 401. Does that make a difference?

I wasn't technically on the 401.


Whenaxis
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by: Whenaxis on
Fri Feb 17, 2017 11:26 pm

The ticket is still valid.

There is no error in simply saying "Highway 401".

Even if it were to be considered an error, it is insignificant and it would not affect your ability to prepare a defence. It is still clear where the offence allegedly took place and the jurisdiction.


jsherk
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by: jsherk on
Mon Feb 20, 2017 5:23 pm

That will not get your ticket dropped. If you bring it up at trial, the prosecutor can just ask for it to be amended/fixed so it won't help you at all.

You should however still plead Not Guilty and request a trial with the officer present, and then ask for disclosure (officers notes) so you can see what officer wrote and determine if the ticket can be beaten or not. You have the right to see the disclosure before you decide whether to plead guilty or not, and there is no downside to doing this as you can plead guilty and pay the ticket anytime you want up to the trial date assigned.
+++ This is not legal advice, only my opinion +++


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bobajob
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by: bobajob on
Tue Feb 21, 2017 8:31 am

I though like with a cellphone, if it is securely mounted your allowed to touch the screen (nes pas?)
--------------------------------------------------------------
* NO you cant touch your phone
* Speeding is speeding
* Challenge every ticket
* Impaired driving, you should be locked up UNDER the jail


jsherk
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by: jsherk on
Tue Feb 21, 2017 9:05 am

Regulation 366/09 has some exemptions for display screens that are mounted securely:
Requirement that display screens be secure
8. The exemptions in sections 2, 3, 4, 5, 6 and 7 apply only if the display screen of the computer, mobile data terminal or other device is placed securely in or mounted to the motor vehicle so that it does not move while the vehicle is in motion.


Regulations 366/09 also has some exemptions for pressing buttons on handheld devices that are securely mounted or worn:
Exemption for pressing buttons
14. (1) A person may drive a motor vehicle on a highway while pressing a button on a hand-held wireless communication device to make, answer or end a cell phone call or to transmit or receive voice communication on a two-way radio if the device is placed securely in or mounted to the motor vehicle so that it does not move while the vehicle is in motion and the driver can see it at a quick glance and easily reach it without adjusting his or her driving position.
(2) A person may drive a motor vehicle on a highway while pressing a button on a device that is worn on his or her head or hung over or placed inside his or her ear or is attached to his or her clothing and is linked to a hand-held wireless communication device to make, answer or end a cell phone call or to transmit or receive voice communication on a two-way radio or a hand microphone or portable radio.


Also section 78.1(3) of HTA allows hands free operation:
Hands-free mode allowed
(3) Despite subsections (1) and (2), a person may drive a motor vehicle on a highway while using a device described in those subsections in hands-free mode.


Touching a securely mounted phone to make/answer/hangup a voice call is okay, but none of these exemptions allows to actually pickup or hold the device.
+++ This is not legal advice, only my opinion +++




jsherk
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by: jsherk on
Tue Feb 21, 2017 10:02 am

It could be agued it is a little ambiguous because it says you can press a button to MAKE a call as well:
"while pressing a button on a hand-held wireless communication device to make, answer or end a cell phone call"

I think speed dial would qualify as pressing a button to make a call. But would dialing a number still qualify? That would be a good argument to bring up.

Although most of the tickets we hear about on this forum (and what I hear in court) have to do with somebody actually picking up or holding the phone, so the exemption does not apply in that case anyways as it must be securely mounted.
+++ This is not legal advice, only my opinion +++


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bobajob
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by: bobajob on
Tue Feb 21, 2017 11:54 am

did OP have the GPS in a secure mount, or was it in his hand ?
--------------------------------------------------------------
* 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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bobajob
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by: bobajob on
Tue Feb 21, 2017 11:55 am

my GPS, is mounted onto the screen,
occasionally I have to touch the screen (single press) to increase the volume, or choose a different route
I wonder if I could get a ticket for that ?
--------------------------------------------------------------
* 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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