Hi guys, I really hope to get some help here. Today around 5:15PM i got a ticket for holding handheld device. I sware to god, I didn't. The phone was in my left pocket the entire time. I have a bmw x3 with bluetooth connected for control with music and calls. during the time he wrote me the ticket, i placed a call without taking the phone out of my pocket. I was on the way to work for shift at 5:30 with about 5 min away from work. On a quite busy road, the officer said he saw me using it while driving towards me then turn around and stopped me. I did explain to him, but he said he saw me. The road is a quite major road across the highway with two intersection, he started his siren light after the highway bridge. I didn't see any police vehicle coming which I will notice, i didn't see any car did U-Turn behind me. I will for sure fight in court. But if you can give me any tips, please help.
Hi guys, I really hope to get some help here.
Today around 5:15PM i got a ticket for holding handheld device.
I sware to god, I didn't. The phone was in my left pocket the entire time. I have a bmw x3 with bluetooth connected for control with music and calls. during the time he wrote me the ticket, i placed a call without taking the phone out of my pocket.
I was on the way to work for shift at 5:30 with about 5 min away from work.
On a quite busy road, the officer said he saw me using it while driving towards me then turn around and stopped me. I did explain to him, but he said he saw me.
The road is a quite major road across the highway with two intersection, he started his siren light after the highway bridge. I didn't see any police vehicle coming which I will notice, i didn't see any car did U-Turn behind me.
I will for sure fight in court. But if you can give me any tips, please help.
Review all the evidence in the disclosure before finalizing your defence. Post it here if you want us to review it. If you did not commit any offence then you are going to have to go to trial and testify to that. It would be helpful if you could testify that you NEVER have your phone in your hand while not parked in your car as you are aware of the law and have bluetooth enabled in you so that you are able to use your phones features legally and safely. Suggest that the officer made an honest mistake, and that you are hopeful the JP will find your story credible enough to give them reasonable doubt in light of the evidence.
Review all the evidence in the disclosure before finalizing your defence. Post it here if you want us to review it.
If you did not commit any offence then you are going to have to go to trial and testify to that. It would be helpful if you could testify that you NEVER have your phone in your hand while not parked in your car as you are aware of the law and have bluetooth enabled in you so that you are able to use your phones features legally and safely. Suggest that the officer made an honest mistake, and that you are hopeful the JP will find your story credible enough to give them reasonable doubt in light of the evidence.
Hi everyone. I'm asking for a friend who has a question of interpretation.
He was ticketed for using a hand-held device. He contends that he was acting within the exemption provided under Subsection 14 (1) of O. Reg. 366/09, which reads as follows (emphasis added):
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