Ticket for holding handheld device while driving

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praveen_kumar
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Ticket for holding handheld device while driving

by: praveen_kumar on
Wed Dec 04, 2013 3:44 am

I received a ticket for holding cellphone in my hand in Toronto (I am 100% positive that I was not holding it). I pleaded not guilty and I have a court date tomorrow for trial.
I want to know what happens if I plead not guilty and they end up showing evidence where I am holding my cell phone? Will my fines go up? Will I incur points?
Can I ask for reduction in fines after seeing the evidence???

Thanks!


ynotp
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by: ynotp on
Wed Dec 04, 2013 11:02 am

You are going to have to ask for disclosure at trial (you should have asked for it when you got your notice of trial), that will indicate what evidence there is against you. If you need more time to prepare your defense ask for an adjournment. There are no points either way but they will likely offer you a reduced fine for pleading guilty. If you fight it the prosecutor might threaten to ask for a higher fine than the set fine but that is unlikely unless you were a total ass in court. The fine is up to the JP not the prosecutor.


praveen_kumar
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by: praveen_kumar on
Wed Dec 04, 2013 12:24 pm

Thanks! When the cop actually gave me the ticket she indicated that they have a video evidence of me holding the cell phone, but as I said I am positive that I was not holding it. So I know they are going to show me the video as an evidence. But me fear is what if the video shows that I was wiping my ear or something like that and it looks as if I am talking? I am worried that if they increase the fines after seeing the video.

thanks






bend
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by: bend on
Wed Dec 04, 2013 5:54 pm

praveen_kumar wrote:My court date is tomorrow. Is there an option to request to view the evidence before the trial begins?

Thanks,
You've had plenty of time to request disclosure since you received your notice of trial. Your court date isn't the time to start asking for disclosure.

It's possible there is no video and the disclosure makes no mention of it. The officer only needs to witness you committing the act and that's good enough for conviction.

It's quite possible they'll either let you glance over the disclosure right before your trial, adjourn the trial so you can get your disclosure, or someone's going to put up a big stink about how you waited till your trial to start requesting documents that take time to process. You should prepare for all the possible outcomes.


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