Hand held device ticket on Gardiner Expressway

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Morshed81
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Hand held device ticket on Gardiner Expressway

by: Morshed81 on
Tue Aug 06, 2019 7:22 pm

Hi,

Today I received a hand held device ticket on Gardiner. I was pulled over by the police officer and told i was using my cell phone while driving but i never even touched my cell phone. He told me my hand was not on steering. I am sure i didn't touch the phone. The phone was on the right passenger seat connected to my car. I was using mobile gps which was on dashboard display and never touched it. If i was using other apps or texting the dashboard car display shouldn’t show the gps apps running. When the officer was there the gps was running on display. Also i can submit my phone log from my cell phone operator. What can i do. Your valuable suggestion will be highly appreciated
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bend
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by: bend on
Tue Aug 06, 2019 7:38 pm

Your call logs wouldn't be considered.

You only need to be holding your phone for a conviction, whether you're using it or not.

So however you proceed going forward with your ticket, the argument will be whether you touched your phone or not.
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bend
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by: bend on
Tue Aug 06, 2019 8:15 pm

In this scenario, it will be likely that the officer will say they saw you handling the device. That would be all the proof necessary for a conviction in most cases.

The officer would have wrote notes with the details of your stop. If you request a trial, you can make a separate request for the notes and they will be made available to you.

If you provide the address of the courthouse, I can give you the details on how to make that request.
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bend
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by: bend on
Tue Aug 06, 2019 10:55 pm

They are not dismissing this charge out of the goodness of their heart. In fact, I don't believe this is a charge they even reduce since there's no relevant lesser charge.

You can still attend an early resolution meeting and if you don't like what you're hearing, you can request a trial if that's what you want.

If you request a trial, you'll wait to receive your Notice of Trial in the mail. It will give you your court date information.

From there, you can make a disclosure request and they'll provide you with any relevant information including the officers notes. The have generic forms you can fill out here under Disclosure Request Forms.
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