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Ontario Highway Traffic Act

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Ticket for handheld comm. device (Was an FM Transmitter...)
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PostPosted: Thu Dec 13, 2012 4:31 am 
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Newbie

Joined: Wed Dec 12, 2012 11:29 pm
Posts: 1
Hello,

First time ever coming across this forum, as a matter of fact had my first time being pulled over recently.

Long story short, while at a red light in Toronto, with an undercover car to my right, I was changing songs on my FM transmitter which at the time was connected to an SD Card (and not my phone thank god), and was connected directly to my cigarette lighter so it was not close to my hand. As the light turned green I let go and started driving, 5 seconds later I see the flashing red light behind me.

Pulled me over; He must have seen me reaching forward and looking down while at the red light (trying to read song name on tiny font on Transmitter...) which can definitely be INTERPRETED as being on a cell phone.
Note: Phone was in the compartment between seats; officer claimed I was on my phone, I showed him where the phone and FM Transmitter were and that logically didn't make sense.

He ignored it and wrote the ticket for HTA 78.1(1). Logically, FM transmitter MIGHT fall under 78.1(2) (entertainment device). Furthermore, an FM transmitter is more like a detached car radio than an entertainment device... do I have a chance of fighting this off?
Can I base my case on an FM transmitter being an extension of my stereo, and should not fall under 78.1(1) OR 78.1(2)? (it can be argued that a standard Car Radio does not contribute to "safe operation", and that the only difference between my FM Transmitter and Car Radio is positioning?)

Is there also any way I can get a document or statement from my provider (mobilicity) showing no that there were no calls/texts at that time? I've also looked up the Kazemi case so far...

Hope someone's been in my situation before (in a good way) or can offer me some advice :)
My friend suggested I have someone represent me, rather than repping myself, and that I try http://wewinoritsfree.com/


For your reference, HTA:
Wireless communication devices
78.1 (1) No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or text messages. 2009, c. 4, s. 2.
Entertainment devices
(2) No person shall drive a motor vehicle on a highway while holding or using a hand-held electronic entertainment device or other prescribed device the primary use of which is unrelated to the safe operation of the motor vehicle. 2009, c. 4, s. 2.
NOTE: Highway = any road with asphalt.


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Re: Ticket for handheld comm. device (Was an FM Transmitter.
PostPosted: Thu Dec 13, 2012 10:43 am 
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High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
I personally believe your FM transmitter would clearly fall under section 78.1(2) but that’s not the section you were charged under. If you’re serious about fighting the charge then it might be worth consulting with representation. I don’t know how much benefit your cell phone bill would be, since there’s lots of things you can do with your phone that don’t necessarily cause it to transmit data.

One note about “win or it’s free” deals from paralegals, a “win” typically constitutes any type of reduction in fine or demerit points, not necessarily being found not guilty. I have no experience with the firm you linked to, just something to keep in mind.

And legal definition correction, highway is NOT any road with asphalt. Its includes all types of roads (gravel, etc.) intended for public use and even the non driving surfaces to the side of the road.

Quote:
“highway” includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof


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Re: Ticket for handheld comm. device (Was an FM Transmitter.
PostPosted: Fri Dec 14, 2012 10:04 pm 
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Sr. Member

Joined: Mon Oct 20, 2008 11:31 pm
Posts: 502
(wow) that 78.1.2

It is pretty broad.

My company called the DOT to get clarification and they answered.

As long as it only takes 1 finger to operate it is ok.(like a radio dial/button)

Cheers
Viper1

_________________
"hang onto your chair when reading my posts
use at your own risk"


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