This is my first time getting a traffic ticket and I would really appreciate advice on how to approach this. I was stopped back in January and issued a ticket for "DRIVE - HANDHELD COMMUNICATION DEVICE". I requested disclosure, and received: 1) DVD with the police cruises dash cam video with audio 2) Police officers notes The dash cam video does not show anything of value, and I am not visible at all at any point. The video does include the entire conversation that I had with the police officer. Here are the notes from the police officer: ---------------- Weather: Cloudy Roads: dry, some areas wet. In full uniform capacity, solo officer As I drove along I observed a vehicle silver in colour Mini Cooper on my right side and the driver had his cellphone with black cover on his left hand near his left ear. The lights changed to green I pulled over behind the drivers vehicle and I stopped. The driver was the only occupant. I approached to the driver who advised me he was on a "business call". I demanded his D/L, Ins. and R/O; all documents in order. ------------------ I few observations regarding my exchange with the officer: - As mentioned in the notes, the officer asked my why I was on the phone and I said I was on a "business call". Does this count as an admittance of guilt? As I understand I am legally allowed to carry out a phone call using handsfree means, and neither the notes or the verbal exchange with the police officer has any specific indication of physically holding the phone to carry out the phone call. - The notes do not provide very many details about the device he saw, only that the case is black. The officer never asked me to show him the device I was holding at any point, and there would be no way for him to have seen my phone at all, as it was inside the driver side storage compartment at the time. Does this open up an opportunity for casting doubt on whether what the officer saw was beyond reasonable doubt a cellphone? This will be my first time going to court, so I would like to be as prepared as possible. Any advice is greatly appreciated. Thanks in advanced!
Topic
Advice on 78.1(1) Handheld Communication Device Ticket
As this is my first time attending a trial, I am not familiar with how everything is carried out procedurally. When is the appropriate time during the trial to show evidence that would contradict the police officers testimony/ notes? For example (and I know this is not relevant nor helpful to my particular case) lets say my car is actually blue, and not silver, and I want to show a photo of my car to prove the contradiction in the officers testimony. Again, I know this example will not help my case, but I would just like to know when contradictory evidence should be presented during the trial. The cross examination does not seem like the appropriate time to do this.. and if I opt not to take the witness stand, is the closing arguments the appropriate time to present this contradictory evidence/ information?
As this is my first time attending a trial, I am not familiar with how everything is carried out procedurally.
When is the appropriate time during the trial to show evidence that would contradict the police officers testimony/ notes? For example (and I know this is not relevant nor helpful to my particular case) lets say my car is actually blue, and not silver, and I want to show a photo of my car to prove the contradiction in the officers testimony.
Again, I know this example will not help my case, but I would just like to know when contradictory evidence should be presented during the trial. The cross examination does not seem like the appropriate time to do this.. and if I opt not to take the witness stand, is the closing arguments the appropriate time to present this contradictory evidence/ information?
FYI: In my last post it should have said "objection, officer can NOT testify to any verbal statements without a voire dire" There are two places that you can show contradictory evidence. One is when you take the witness stand to testify. However if you are not going to take the witness stand (which is your right) then the only other time to get that contradictory evidence in is during cross-examination of the police officer. So you have to do it in a way that is a question to the officer.
FYI: In my last post it should have said "objection, officer can NOT testify to any verbal statements without a voire dire"
There are two places that you can show contradictory evidence. One is when you take the witness stand to testify. However if you are not going to take the witness stand (which is your right) then the only other time to get that contradictory evidence in is during cross-examination of the police officer. So you have to do it in a way that is a question to the officer.
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.
That is very useful information. Thank you. Do you have any advice or suggestions on how to present such contradictory evidence? (maybe you using the silver car vs. blue car example)
That is very useful information. Thank you.
Do you have any advice or suggestions on how to present such contradictory evidence? (maybe you using the silver car vs. blue car example)
Hi everyone. I'm asking for a friend who has a question of interpretation.
He was ticketed for using a hand-held device. He contends that he was acting within the exemption provided under Subsection 14 (1) of O. Reg. 366/09, which reads as follows (emphasis added):
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