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  [ 3 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Need advice on how to plead
Author Message
PostPosted: Thu Mar 14, 2013 6:11 pm 
Offline
Jr. Member

Joined: Thu Mar 14, 2013 2:43 pm
Posts: 32
Hi,

So I got caught using my cell phone and was charged with 78(1).1

The situation was as follows. I was stopped at a light, a few cars back, and when it turned green nobody moved. Shortly after I noticed a cop walking through the intersection and assumed there was some kind of accident...the light then turned red so I put it in park and reached for my phone. He then walked by and caught me.

I'm looking for opinions on what you think of these two arguments that I'm considering giving to the judge (I already asked for a trial 8 months ago. I don't think an 11b 'stay' will be granted in this case). Or if you have other options I'm obviously open to those, too!

1. Tell the judge that, yes, I was using my phone, but it was only to turn on the Bluetooth (I have printed records showing there was no phone or SMS activity within the time frame of the incident) and that although technically I was breaking the law (maybe I don't want to use those words?) a conviction wouldn't be in the spirit of the law since I was clearly in a situation that was extenuating and I even took further precautions (putting it in park, of which I even pointed out the cop) to ensure the safety of the highway. Traffic was more than stopped, it was blocked.

2. Trying to prove that the cop didn't see what he is reporting to have seen. The notes indicate that he saw me holding a phone to my chest and when he got to the car asked if it was an iPhone. I said it was an Android. I believe I can use this evidence to bring reasonable doubt to what he saw: if he couldn't properly identify what I was holding then how does he know it was even a cell phone? It was sunny out (his notes) so maybe I was just cleaning my sunglasses (which are also black). I'm concerned about this defense because it's kind of sleazy; even though it's the truth it might not go over well with the judge.

I feel like being honest and showing the judge that my case is unique might be the better bet. Paying the fine (even a lowered one) is not the issue. I don't want the insurance hike!

Thanks for any thoughts you might have...


Top
 Profile  
 
Re: Need advice on how to plead
PostPosted: Fri Mar 15, 2013 4:02 pm 
Offline
Moderator

Joined: Wed Sep 19, 2012 1:44 am
Posts: 1062
azdjedi wrote:
I feel like being honest and showing the judge that my case is unique might be the better bet.


Your case is not unique. There's nothing unique about using a cell phone while sitting at a red light. Putting your vehicle in park has little meaning because it doesn't sound like you were either off the roadway or parked lawfully. Could you get out of your car and go shopping while your car sat there? If not, putting it in park wont help your case.


Top
 Profile  
 
Re: Need advice on how to plead
PostPosted: Fri Mar 15, 2013 5:20 pm 
Offline
Moderator

Joined: Wed Sep 19, 2012 1:44 am
Posts: 1062
Adding further, devices are to be mounted or securely placed in your vehicle for button access. Using a headset that requires touching to turn on is also OK. Holding the device in your hand, if that's what happened, is going to be another argument against you.

You are free to continue your path towards trial, but I'd probably suggest another game plan.

azdjedi wrote:
2. Trying to prove that the cop didn't see what he is reporting to have seen. The notes indicate that he saw me holding a phone to my chest and when he got to the car asked if it was an iPhone. I said it was an Android. I believe I can use this evidence to bring reasonable doubt to what he saw: if he couldn't properly identify what I was holding then how does he know it was even a cell phone?


Please don't use these argument. This is not reasonable doubt. If anything, this will work against you. It makes you look like someone who is really grasping. Android is an operating system, not a phone manufacturer. Operating systems are not limited to their devices because it was packaged that way.


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 3 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. how to plead not guilty?

gwt

14

3027

Fri Jun 17, 2011 4:27 pm

gwt View the latest post

There are no new unread posts for this topic. Plead to by-law

fortec_man

1

404

Sun Jun 12, 2011 1:44 am

Radar Identified View the latest post

There are no new unread posts for this topic. Plead not guilty

nicemom

2

1099

Fri Jan 25, 2013 10:08 pm

nicemom View the latest post

There are no new unread posts for this topic. 144(18) - should I plead not quilty?

[ Go to pageGo to page: 1, 2 ]

cricket

15

1557

Fri Sep 25, 2009 6:12 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Plead guilty or trial?

neiu

6

1268

Tue Sep 21, 2010 11:39 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Never,never, NEVER plead guilty to Careless!!!!!!!

Selectrick

4

2173

Thu Jul 18, 2013 10:33 pm

thnlegal View the latest post

There are no new unread posts for this topic. Plead guilty when not. Can I appeal?

Bobert

6

768

Wed Apr 08, 2015 9:37 am

highwaystar View the latest post

There are no new unread posts for this topic. Multiple By Law offences - Plead down

TheSK8man

0

464

Tue Aug 28, 2012 9:49 am

TheSK8man View the latest post

There are no new unread posts for this topic. Fight it or plead it : Failing to yield 136(2)

jeffc

2

1279

Fri Feb 26, 2010 1:23 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Tagged for 90 in 60km. Plead for mercy w/option 2?

reveller

5

1780

Thu May 27, 2010 1:07 pm

reveller View the latest post

There are no new unread posts for this topic. How do I overturn the plead/aggreement paralegal made for me

northbay11

4

804

Thu Apr 14, 2011 5:09 pm

Radar Identified View the latest post

There are no new unread posts for this topic. Plead or Request court date? (Worthwhile?)

[ Go to pageGo to page: 1, 2 ]

High-miler

17

6481

Tue May 31, 2016 9:22 pm

JAYJAY View the latest post

 


Who is online

Users browsing this forum: Google [Bot] and 1 guest


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.