He asked what my emergency was. I was confused and said well my mother is in hospital he then said you misunderstood me. Do you need an escort to the hospital for your emergency that you are on your cell phone? So yes and no but of course I said well no I guess not. Made me pull over into parking lot gave him information at that point he told me I was looking down the whole time and never even saw him beside me. This is true on both accounts. However I was not holding my phone. Xcopers was very negative and said it’s a hard charge to fight plead guilty and a meeting with prosecutor then ask for disclosure if it says he didn’t see me with phone in my hand I have a good chance of winning. If it does then to plead guilty. Not a good thing for me and anyways not true. Now I’m thinking I should have taken to court. I have Bluetooth and just need to ask Siri so there is never a need for me to pick up phone and I know better. Any advise here as I’m starting to think I should take the hit rather then go to court but it irks me large. I hope I have not made a mistake in choosing guilty.
Hand-held devices prohibited
Wireless communication devices
78.1 (1) No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or text messages. 2009, c. 4, s. 2; 2015, c. 27, Sched. 7, s. 18.
The key part of your argument is here is that you were not holding your phone. However, the charge doesn't make it a requirement. Holding OR using, the keyword being "or".
There are exemptions for pressing buttons if the phone is mounted and the driver can see it at a quick glance. You'd definitely fail to meet at least one of those criteria (probably both actually), but you weren't using the phone to press buttons either.
At what point, if any, is someone "using" their phone if they're not holding on to it or pushing buttons. I don't know the answer, but someone else might chime in with something more definitive.
Once issued a Cellphone Ticket [removed], you can always plead “non-guilty.” Cell phone tickets are very much debatable. For instance, the officer on duty often makes errors. Also, there are many beatable loopholes.
mod edit: no referrals please.
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