My daughter was charged with Distracted Driving because she was observed moving her cell phone from the passenger seat to the cup holder while stopped at a red light. I realize that technically this is Distracted Driving under the letter of the law., but my question is this: at the first interaction with the officer she acknowledged she moved the phone, but denied texting. He advised her he would only write up a caution. When he saw she was a G2 driver, his tone changed and he said it would be $490 plus a 30 day driving suspension. So my question is this, was he OBLIGATED to charge her under the HRA because she had her G2 vs her G license?
-
Smockingmommy
- Newbie

- Posts: 1
- Joined: Wed Sep 05, 2018 8:29 pm
Officer said would be a Caution for Distracted Driving but changed to a Ticket because of G2 License. Is this mandatory
Re: Officer said would be a Caution for Distracted Driving but changed to a Ticket because of G2 License. Is this mandatory
It's up to the officers discretion.
However, your daughter is on the equivalent of driving probation. Distracted Driving is treated as a condition/restriction for novice drivers, much like a zero blood and alcohol level.
It's an automatic 30 day suspension for a first offense. This is fairly new as I believe it was enacted in the last year or two. When they increased the penalties for distracted driving, they became especially harsh on novice drivers.
Officers cannot simply overlook or caution for breaking conditions/restrictions. At that point the officers hands are tied and he's got to do what he's got to do.
Re: Officer said would be a Caution for Distracted Driving but changed to a Ticket because of G2 License. Is this mandat
Wow that is strict but I have to say a great new law!
Similar Topics
-
-
-
-
-
Distracted driving - I'm fighting - but I never got a court date
- Posted in General Talk
- By howeryuyu on
- Replies: 6
-
-
-
-
- Careless driving. Judge said no suspension. But it happened
- Posted in General Talk
- By staychuck on
- Replies: 4
-
-
-
- Caution to Motorcyclists - Regional Police Targeting Us
- Posted in General Talk
- By HighMileJon on
- Replies: 3
-
-
-
- HTA Caution 158(1)
- Posted in Following too closely
- By mooseroo on
- Replies: 1
-
-
-
- Speeding ticket withdrawn because officer only spoke English
- Posted in General Talk
- By Zatota on
- Replies: 8
-
-
-
- speeding 75 in 60km/zone, but he said i was going 86km/h
- Posted in Exceeding the speed limit by 16 to 29 km/h
- By cloud145 on
- Replies: 1
-
-
-
-
Illegal left turn before 7pm; but my car clock said 7:04pm
- Posted in Failing to obey signs
- By pamaye on
- Replies: 1
-
-
-
-
- U-turn Disobey sign - but not visible because of sunset?
- Posted in Failing to obey signs
- By Saibot on
- Replies: 2
-
-
-
-
- Said not challenging officer....
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By Fastdriver on
- Replies: 1
-
-
-
- Failed to stop at a stop sign officer said to go to court
- Posted in Failing to obey signs
- By AKULA123 on
- Replies: 6
-
-
-
- New OHTA Section 78 "Distracted Driving"
- Posted in General Talk
- By Proper1 on
- Replies: 5
-
-
-
- Distracted driving in Ontario
- Posted in General Talk
- By RealMarkP on
- Replies: 1
-
-
-
- HTA 78.1 (Distracted Driving)
- Posted in General Talk
- By Robert4432 on
- Replies: 7
-
-
-
- Careless Driving - PI so mandatory charge?
- Posted in Careless Driving
- By factis on
- Replies: 8
-
-
-
-
- Told I would be charged but received no ticket
- Posted in Failing to remain at the scene of a collision
- By Benny on
- Replies: 3
-
-
-
- Have an early resolution soon, but would like advice on extending it
- Posted in Exceeding the speed limit by 30 to 49 km/h
- By YYZZZ on
- Replies: 2
-
Featured Topics
Construction Zone - Sped Up to Allow Traffic In - Speed Trap
Hello,
First time to the thread and I have a question about an offence that just occurred in Ontario.
I was driving along the 401 and an 80km/h zone came up with the usual "When Workers Present Disclaimer".
I slowed down - I was probably averaging 95km/h with traffic, but it was congested so no faster than that.
As I approached a bend in the 401, there were police on the side of the road. I am in the…
Speed traps
We all know that numerous police agencies around Ontario (and world for that matter) set up speed traps in inconspicuous locations to catch motorists who are speeding.
If you know of any speed traps that are in regular use please post them here for all to know and avoid speeding fines.
Format: Town, Location, Direction, known days of operation (if known).
For example: Toronto, Bloor and Younge,…
95km/h in E0 km/h zone - Fatal error??
I received a speeding ticket this past weekend, and although the officer was nice and gave my 6yo a coupon for a free slushy, I want to fight the ticket.
The officer wrote the offence as "95km/h in a posted E0 km/h zone" the "E" being what looks like a written backwards 3. Now I know and you can probably guess he intended to write an 8 but that is not what is there it is an incomplete 8 and…
help – an old version yellow ticket,effective or not?
Need some help as i was given a old version yellow ticket(Form4) with improper left turn by an officer last week, which is old version printed by 2009. Then two days later, the officer found me giving a new version ticket with color green(Form4), printed by 2012. The details on face pages for two tickets are similar, but back sides are different. My question is first yellow ticket is effective or…
what is Decatur Genesis II Select Directional VIP?
I was charged of speeding, but I don't know what the radar Decatur Genesis II Select Directional VIP is? please let me know what kind device is this and if any one have the manual can you give it to please pleaseeeee.
125km/h in a 80km/h zone - Interesting Day at Trial
Here's the story:
Oct 1 2009: charged with Speeding
Nov 19 2009: requested for a court date
Dec 22 2009: received a court date for Apr 11 2010
Dec 30 2009: Requested Disclosure
Feb 2 2010: requested follow-up on Disclosure
Feb 12 2010: recieved disclosure pickup
Feb 14 2010: pickup disclosure
Mar 4 2010: requested on the missing disclosure. Including Officer's train, Certification, Proceedure of…
How to avoid a speeding ticket!
Heres a great article from Yahoo Auto's.
Defense for Sign not Visible
Recently I got a ticket for disobey sign under the HTA. From where I turned on to the street, the sign was visible for less than 10 metres, during which time I was performing safety checks for upcoming turn. ( I'll post full details after I first get some advise. )
What is the best defense for this? I took some digital pictures but my camera does not do .raw photos and at that time I had not…
nailed with 144 km/h in a 100 zone, hwy 400
Hi All,
Hope that everyone is enjoying their long weekend.
A little advice is what brings me here.
On Friday evening, I was headed north on the 400. I'm sure as you can imagine this was a busy time to drive.
I was pulled over in a speed trap, the officer stated to me I was doing144 in a 100 zone . I didn't argue didn't say much. I was fairly shooken up.
What had happened is I ended up getting stuck in…
Improper Left Turn on a four-lane road
I was turning left from Creditview into the left lane of Argentia Road (in Missisauga), while a police cruiser driving the opposite direction turning right into the right lane of Argentia Road. As I saw the cruiser turning right into the right lane of Argentia Road, I also turned left into the left lane of Argentia Road. The officer stopped me and told me that I was wrong, I had to wait until…
49 Over on the 400 + some extra goodies...
So I was on my way home, going a solid 120 as usual in the fast lane. Someone decides to cut me off going less than 100. I do a quick double lane change and speed up unknowingly hitting apparently 150. After speeding for a mere 20 seconds, I am pulled over. Cop says he reduced the ticket to 49 over, I was charged $359 for that. Of course, my insurance isn't in my car... I had to take it out…
Improper Left Turn Offence (Yonge & Dundas)
Hello all,
After doing quite a bit of research, I stumbled across this forum and thought it would be a good idea to get some opinions about the situation that I currently find myself in. Hopefully some of you may have experienced this in the past and can provide me with some guidance for the best course of action. Thank you in advance for all your help. I greatly appreciate it.
So here's what…
Passing a car that was accelerating going downhill
I was driving on a two-lane Trans-Canada route where the indicated speed limit was 90 km/h and following a car for about 15 minutes. That car was going between 70 to 80 whenever there was a curve or a hill going up ahead. Passing was either not permitted or not safe in those sections. However, whenever there was an opportunity to pass that car, the driver would increase its speed to about 115…
Refund on towing fee related to dismissed parking ticket
Hello,
My elderly mother received a city bylaw ticket (Ottawa) for parking on private property. A tow trunk was at the scene to tow the vehicle, and they charged a "drop fee" to unhook the vehicle right away. The bylaw officer who issued the ticket was present and said that the ticket would get dismissed in court (as it was issued in error), and that there should be a way to apply to get the tow…
Black Thursday! I got 3 tickets in one trip!
I went to Huntsville for buying a horse trailer in Thursday.
Got 1 ticket of careless driving nearby east gate of Algonquin Park. They police said he received a complaint that my pickup truck hit the road shoulder and disturbed some gravel dust.
I found a police car traced me, so I turn to a roadside motel. After I parked my vehicle, and heading to motel office, the police car arrived gently…
Preparing for Trial - Inadequate Disclosure
My trial for a speeding ticket is coming up. I have followed recommendations off ticketcombat website and have sent 3 disclosure requests (without phone number) and have received nothing. At the day of trial it will be about 10 months since the ticket was issued.
I guess the first step will be to ask the court for an adjournment during the Motions, "Your Worship, I would like to ask for an…
Should I fight this ticket
Last week I was driving though downtown and because of the slippery / wet conditions could not stop when the light was turning yellow to red and slid in to the intersection. I was hit by another car (near the headlamp). None of us were injured, there was significat damge to the cars. The air bags did not deploy.
I was given a ticket that reads : Red Light - fail to stop - H.T.A sect 144 (18) Fine…
delusion on this board.
a few years ago, I posted about getting a 19+over ticket and said it was a ridiculous ticket since it was down a hill and everyone drives that 10-20 over.
Everyone here claimed I was outrageous to be driving over the limit by ANY amount and I was driving wildly for doing so. Since those two years have passed, I've stuck to the speed limit...guess what happens?
Literally every single car passes me…
O.P.P. subdued markings
For my 1,300 post, I present to you.....the newest vehicle at detachment
2009 Chev Tahoe




Are police cars equipped with radars to ticket us?
Hi everyone,
About a month ago, I got a funny situation where a cop made a u-turn to stop in a very showy fashion (that scared and surprised me) because he almost hit me while doing that.
Anyhow, he claimed that he metered me while he was driving towards me so he said his car is equipped to meter opposite coming cars as he drives. I filed the ticket and I was convicted within few days - an…
121 in 100 on construction need advice to choose strategy
Hello everyone,
My wife got a speeding ticket on a construction zone on Hwy 400 and I went to court to try to defend her.
I ordered the disclosure request and got it on the first trial.
The first trial my strategy was to say there was conflict and misunderstanding of road signs. The prosecutor told me I could not confirm that since I personally wasnt there the day of the offence, and my wife has to…
I'm going to Court and I need some guidance
So I had a guy turn across my lane into his driveway and I hit him. I'm going to court solo so I need any information at all regarding proceedings.
I clearly saw two police officers on scene and got disclosure from only one of their black-books even though they both took notes, one from me and one from him. He got a ticket which I will explain in the next paragraph. I don't see any driving history…
I Really Am Unlucky.
So Again, I really don't know how I'm attracting attention to myself, but I am.
Saturday at 1:30 in the morning I was pulled over on the 400 for 142 in a posted 100 Zone. Honestly, I know I was speeding, but I thought maybe 110-120 (I'm trying to clean up my act.) Anyways, Pulled over, Ticketed, Explained 3 options on the back, and we departed on our way.
One thing I noticed, which I have never…
Just received my disclosure in the mail.
Hey everyone. Back last summer I got a parking ticket for being within 3m of a fire hydrant. Funny thing is, I parked (in my estimation) at least far enough away from it, deliberately. There were no markings on the pavement but I can't believe I was within 10 feet of that thing (sorry I suck at metric.)
It's only $20 but I was ticked off 'cause I don't park in front of fire hydrants and don't…
Advice Needed
I have been charged with driving under suspension due to medical reasons, It was suspended in Mar and In apr I got a new car put it on the road and the License Breau said nothing to me to let me know it was still suspended. I have been to court 2x for this matter first time I asked for adjurnment to seek a resoultion, 2x I went I ask for another adjurnment to seek a resolution because the CA had…

