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Ontario Highway Traffic Act

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Talking on cell, except was NOT on *defence?*
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PostPosted: Sat May 09, 2015 10:27 am 
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Joined: Thu Jul 15, 2010 9:30 pm
Posts: 5
Location: Toronto
Hi,

I was driving home from hockey the other night in my Dad's car as mine was in the shop.

I was at the traffic light and I noticed a cop car across the street stopped at the light going east, I was going west. It was about 2 am and I could not see his face through the windshield as it was a large intersection (midland and Mcnichol). I was biting my nail as it was bothering my all day and my hockey glove made it worst.

Anyway, I go through the light and notice the cop do a U-turn and pull me over. After 15 mins he comes up to my window and starts asking me about my dad (Dad had issues with getting pulled over for various things, and has been targeted by cops since then, possibly reason I got pulled over?) Anyway, after questioning me about my dad, he tells me he pulled me over for talking on my cell. He said he saw my hand go to my left ear while stopped. Phone was hooked up to the car stereo via a cable in the dash, plus who am I really calling at 2 am.

Asked for ownership, told him I had to find it in the glovebox. He said put my hand out the window when I have it. Found it within a minute, held hand outside the window for 5 mins afterwards and he did not come citing he could not see my hand.

Anyway, do I have any defence.
- It was dark, he said he saw my h


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Re: Talking on cell, except was NOT on *defence?*
PostPosted: Sat May 09, 2015 10:36 am 
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Joined: Fri Jun 25, 2010 3:30 am
Posts: 813
If the officer is going to testify that he saw your hand go to your ear then reasonable doubt should be fairly easy to get to. He has to be able to testify that he saw a communication device.

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Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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Re: Talking on cell, except was NOT on *defence?*
PostPosted: Mon May 11, 2015 7:48 am 
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Joined: Thu Jul 15, 2010 9:30 pm
Posts: 5
Location: Toronto
Thank you both for the responses. I will definitely fight the ticket for for sure.


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