I am just wondering if anyone out there has gone to trial or meet with prosecutor for a traffic ticket for hand held commincation device.
Was anyone successful in fighting the ticket it or having the charge/fine reduced?
Plead not guilty and request a trial with the officer present. Once you get your notice of trial with a trial date, then you can request disclosure (officers notes). Once you get the disclosure post it here so we can review it.
+++ This is not legal advice, only my opinion +++
R. v. Pizzurro, 2013 ONCA 584 (CanLII)
R. v. Kazemi, 2013 ONCA 585 (CanLII)
Set Fine: $400 Road safety is best ensured by a complete prohibition on having a cell phone in oneÃƒÂ¢Ã‚â‚¬Ã‚â„¢s hand at all while driving. A complete prohibition also best focuses a driverÃƒÂ¢Ã‚â‚¬Ã‚â„¢s undivided attention on driving. It eliminates any risk of the driver being distracted by the information on the cell phone. It removes any temptation to use the cell phone while driving. And it prevents any possibility of the cell phone physically interfering with the driverÃƒÂ¢Ã‚â‚¬Ã‚â„¢s ability to drive. In short, it removes the various ways that road safety and driver attention can be harmed if a driver has a cell phone in his or her hand while driving.
Victim Surcharge: $85
Court Fee: $5
Total Fine: $490
Although this may be unrelated, I did have a friend who was charged with 78.1 but had the old fine of $280. The crown refused to offer any plea deals because the new fine was $490 and carried three demerit points.
I would hazard a guess, that they may reduce the fine to the ~$300 range.
How? Doesn't prosecution need to change the section of HTA being charged in order for the fine to change accordingly?iFly55 wrote:I would hazard a guess, that they may reduce the fine to the ~$300 range.
Or he/she can simply change the set amount?