Hand held device, plain clothes officer "observed me with phone resting on right knee". Pulled over by other officer.

gofilipe
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Hand held device, plain clothes officer "observed me with phone resting on right knee". Pulled over by other officer.

by: gofilipe on
Fri Mar 01, 2019 3:27 pm

Drive M/V - Hand held device
Fine $490
Was offered $150 to plea guilty. Trial in a month.

OFFICER2 notes:
Plain clothes OFFICER1 was located on the southwest corner of X and Y, observing drivers driving with handheld devices. OFFICER1 informed me over the radio that he observed MYCARMAKE&MODEL in the curb lane being operated by male driver. The driver had a handheld device resting on his right knee and was being operated by his right hand index finger. OFFICER1 then informed me the male proceeded through the intersection eastbound toward my location. I located the vehicle and conducted a traffic stop with MYLICENCEPLATE. The driver had a valid drivers licence, insurance and ownership. I observed a cell phone in a black case in the cup holder inside the vehicle.

My version:
Was driving eastbound, south side of the road, and trying to close the lid of a TicTac container, saw an officer on the opposite curb, north side, stopped, pulling a white sports sedan, he was in the car, at least 9 meters away, we made brief eye contact. After this, I was pulled over 500m ahead and handed a handheld ticket.

The only evidence is a video of the OFFICER2 approach, which doesn't show any offence.

I honestly think that instead of a disguised officer, it was the other officer pulling another car on the opposite side who radioed the officer who stopped me.

But how am I going to prove that in court? If it's my word against the officer's I might as well just plead guilty and take the $150 offer and suck up the 3 demerit points.

Suggestions?
Zatota
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Joined: Tue Aug 16, 2016 10:09 am
Location: Thornhill

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by: Zatota on
Sun Mar 03, 2019 12:29 pm

You have the right to tell your story and to cross-examine both officers. Handheld tickets are difficult to beat, but if Officer 1 can't describe your cellphone and you can get him to acknowledge that you may have been trying to close a Tic Tac box, you could have a chance.
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