Cellphone Use Ticket, Using Hand Held Device Ticket

The Ontario Highway Traffic Act section 78.1(1) deals with Hand-held devices and distracted driving.
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Tony09
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Cellphone Use Ticket, Using Hand Held Device Ticket

Unread post by Tony09 »

Good day,

I deliver food for a living. Today I noticed police sitting next to me and asking me to pull over. He gave me a ticket for using cellphone. I remember the phone was mounted at the time. He said he watched me for 30 seconds and that I had phone in my hand. I honestly can't remember holding in my hand.

Can anyone advice what options I have got to lower it beat this.

ynotp
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Unread post by ynotp »

If you truly feel then the officer is mistaken because the phone is ALWAYS mounted and NEVER used in a non-hands free capacity, then I would proceed to trial (never lie in court). However if you know that you periodically hold your phone in your hands (even without using it) while not legally parked and you just cant remember if you did it before the officer pulled you over or not, then I might be inclined to seek a reduced fine in exchange for a guilty plea. Taking a cell phone ticket to trial and losing will result in a higher fine.

Tony09
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Unread post by Tony09 »

ynotp wrote: Mon Aug 20, 2018 9:54 am

If you truly feel then the officer is mistaken because the phone is ALWAYS mounted and NEVER used in a non-hands free capacity, then I would proceed to trial (never lie in court). However if you know that you periodically hold your phone in your hands (even without using it) while not legally parked and you just cant remember if you did it before the officer pulled you over or not, then I might be inclined to seek a reduced fine in exchange for a guilty plea. Taking a cell phone ticket to trial and losing will result in a higher fine.


What kind of lower find can I hope for? What do I argue?

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FyreStorm
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Unread post by FyreStorm »

They will not lower the fine, despite your belief you weren't using the officer has ZERO reason to lie. I'd pay it and move on.

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