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Ontario Highway Traffic Act

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Ticket for Using Hand Held Device (Cell phone)
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PostPosted: Fri Jul 16, 2010 2:40 pm 
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Joined: Tue Jul 13, 2010 9:28 pm
Posts: 1
Location: Brampton

I was stopped for using hand held device and issued a ticket. I was actually using cotton bud(Q tip) in my ear to dry after shower as I use hearing ads since last three years. I showed the same to the officer. Even a blue tooth lying aside. I also offered the phone for caller history. A pessenger sitting beside also gave evidence that I was not using the phone but the cotton bud. Inspite all that the cope issued a ticket. My last call before moving from my home was from 05:40 to 05:43:10 and the officer wrote the time 05:50 at the ticket. It is just 700 meter away from my home when I was stopped after I drove. First I finished the call and then drove. I mean still there is a difference of 06 minutes and 50 seconds. I checked the disclosure. Officer has just mentioned the color of phone i.e. white while there were two phones lying at the console: black and white; both are in my name. He mentioned white because I tried to handover the same in which I received the last call. The otehr is never used by me. It is used by my wife who was sitting beside me in the car.
I have decided to go for trial with evidences and witness. I don't know what will happen in the court. I need two things
1) Detail about the Highway Traffic Act 78.1(1)
20 Any tip for trial/advice in this regard
My Email is : makman101@yahoo.ca
May post at the forum,too
thanks

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PostPosted: Fri Jul 16, 2010 4:48 pm 
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Joined: Fri Apr 11, 2008 2:49 pm
Posts: 1490
Location: somewhere in traffic
Bring your phone records to court, your friend too if possible. Case dismissed.

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PostPosted: Tue Jul 20, 2010 9:41 pm 
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Joined: Thu Mar 18, 2010 9:39 am
Posts: 254
Location: The Valley
Phone records themselves won't help, they'll merely show you weren't on THAT phone...still, fight it.


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PostPosted: Tue Jul 20, 2010 9:45 pm 
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Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
If you have a witness who can testify that, indeed, you were not using a cellphone or any other such device, that's what will be the core of your defence.

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* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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