I was visiting Sudbury and arrived at a red light where I looked down at my phone to check the address I was going to and then looked back up at the light. It was raining and grey outside. During that time apparently an OPP officer saw me and backup up his car (I didn't even notice him drive by me) and was hanging out of his window trying to get my attention. He claimed that he saw me on my phone and I said I was just checking an address - I didn't admit to holding my phone. He asked me to pull over then issued me a ticket. I was trying to talk with him and he was stuttering and appeared extremely angry then walked away. I cannot go up to Sudbury to go to court. On the ticket it says if I want to request a court date I cannot mail in my ticket I have to hand deliver it to the courthouse, so I was going to request a meeting with the prosecutor. What does the law actually state? That you had to have been holding the phone or just "using" the phone? Should I solicit a lawyer in Sudbury to fight this?
I was visiting Sudbury and arrived at a red light where I looked down at my phone to check the address I was going to and then looked back up at the light. It was raining and grey outside. During that time apparently an OPP officer saw me and backup up his car (I didn't even notice him drive by me) and was hanging out of his window trying to get my attention. He claimed that he saw me on my phone and I said I was just checking an address - I didn't admit to holding my phone. He asked me to pull over then issued me a ticket. I was trying to talk with him and he was stuttering and appeared extremely angry then walked away.
I cannot go up to Sudbury to go to court. On the ticket it says if I want to request a court date I cannot mail in my ticket I have to hand deliver it to the courthouse, so I was going to request a meeting with the prosecutor. What does the law actually state? That you had to have been holding the phone or just "using" the phone? Should I solicit a lawyer in Sudbury to fight this?
It has to be mounted in your vehicle. If it's loose at all then that's a problem. If you're looking at your lap the you'd better have a mount down there.
It has to be mounted in your vehicle. If it's loose at all then that's a problem. If you're looking at your lap the you'd better have a mount down there.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !
The section reads: 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. You don't have to be holding it, just using it. So if it was just on the seat and you did not touch it, but looked at it, then you could probably testify this in court. But if you touched it to get the information, then you do not have an argument and you do not want to testify in court. I think if you live far away, you can setup a meeting by phone with prosecutor. However most likely this will not resolve it as these meetings are not a time to present your argument. So if the phone meeting does not achieve what you want, you can tell prosecutor that you want to go to trial and get disclosure (officers notes). This would be the only way to get trial without showing up. You should plead not guilty and get the officers notes before you decide whether to take it to trial or not. Honestly I think our system is broken in the fact that you can not request a trial by mail in all municipalities.
The section reads:
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.
You don't have to be holding it, just using it. So if it was just on the seat and you did not touch it, but looked at it, then you could probably testify this in court. But if you touched it to get the information, then you do not have an argument and you do not want to testify in court.
I think if you live far away, you can setup a meeting by phone with prosecutor. However most likely this will not resolve it as these meetings are not a time to present your argument. So if the phone meeting does not achieve what you want, you can tell prosecutor that you want to go to trial and get disclosure (officers notes). This would be the only way to get trial without showing up.
You should plead not guilty and get the officers notes before you decide whether to take it to trial or not.
Honestly I think our system is broken in the fact that you can not request a trial by mail in all municipalities.
You have to ask for a trial first, and then you ask for disclosure (can do both at same time if on phone with prosecutor). Some places will email them to you, some will mail them to you, and some will make you come in to office and pick them up... you will have to ask which they will do at that office.
You have to ask for a trial first, and then you ask for disclosure (can do both at same time if on phone with prosecutor).
Some places will email them to you, some will mail them to you, and some will make you come in to office and pick them up... you will have to ask which they will do at that office.
The fine is not the issue but I am worried about insurance rates. First speeding ticket in my life Any suggestions on how to handle this? I can't afford to spend a day at the court
So was at court today in Orillia for a friend, and I had submitted a couple notice of motion a couple weeks ago that I wanted to deal with before arraignment. I met with prosecutor before hand, and it went something like this:
Prosecutor: "Do you have the case law?"
Me: "What do you mean?"
Prosecutor: "Do you have the case law for your motion?"
Me: "All the case law is quoted in the motion that I…
1)failure to change address on license (i got married a couple of months earlier and moved)
2) license plate not fully visible
I got pulled over because I had 2 letters peeling off my license plate. I know ignorance isn't a defense, but I really had no idea that this was an issue. Plus, you see many cars on the road with peeling plates. I got both tickets and…
I was driving around 140km/h on a 100km/h posted on the highway. I was in the fast lane. The officer was very nice and reduced it to no points and just 15km/h over.
I only have my G2.
1. Will this affect me taking the G test next month?
2. I am very grateful for the officer lowering the ticket... should I just pay the 52.5$ and leave it as is.. I am a secondary driver under my dads name and we have…
Hi, thanks in advance for the help. Been driving for 10 years, clean record until today when I got slapped with two tickets. First: going 135 at 100 on the 401, second: not having a valid sticker (I recently moved and completely forgot about it)
My friend tells me I should fight the speed ticket, if anything to reduce the fine and points. Would be alot of help if anyone could walk me through…
My wife, who has never had a traffic ticket in her life, just got 11 points.
Two tickets: "following too closely" and "failure to stop"
She was on a residential street and was behind a car at a crosswalk waiting for a pedestrian. Pedestrian crossed, they continued. Cop was drivig towards them down a side street , and as they passed he went after my wife.
I was driving in mid lane and was following a line of cars around speed limit.
The vehicle in front of me was large and I decided to change to the left lane to get better line sight.
As soon as I entered the left lane, I saw the car in front of me approximately 200m away stopped dead (for some odd reason, there was more traffic on the left lane).
Over the last few months I have received several parking tickets from the City of Kitchener. I haven't paid any of them and have attempted to dicuss the situation with the parking authority of the City, however, they're very unreceptive and defensive.
I work at a downtown construction site....ironically a Court House. The site takes up a whole city block, of which ONE side has 2 hour parking…
I was driving on a teusday night in the rain and fog at whites and highview by St. Mary CSS in Pickering, ON. At the time I was waiting at a red light to make a left north onto whites. There was also a car on the opposite side of the intersection making a left. The cars beams were pointed almost directly at my face and as a result, with the combination of the rain and fog, I…
I am new to this website and this is my first post so please forgive me if I've put this question in the wrong place. Please bear with me until I learn the ropes a bit.
So here are my questions:
Antique cars and hot rods (1930's- early '60's) and seat belt use in Ontario. If these vehicles never came from the respective factories with any seat belts, do they have to be retrofitted ?
OK so Jshreck has been taking some heat for the concept of providing the DL as being not required and therefore inadmissable in court. Personally, I think that argument would fall on deaf ears in the lower court and any chance at victory would have to be in the highest court. That would be quite something. When pigs fly I think, but along that line of thought, allow me to continue.......
I have a court date soon and am wondering whether the officers just read off their disclosure notes when interrogated.
Basically, according to the disclosure notes and the said distances and speeds quoted, by doing some simple math it just doesn't add up. My concern is whether the officer can change his story when on the stand after maybe realizing this?
Last week I was driving home from college in the sauga area. I drive a 1995 Chevy Monte Carlo v6 which I've owned since 2000, I really haven't done anything to the car except tinted windows (not completely darken) and some rims, and Nothing Engine wise. Anyway I look in my rear view mirror and out of no where i see cherry flashing. When pulled over the officer asked do you…
I was charged 2 days ago with RED LIGHT - FAIL TO STOP and set fined $150 and I guess 3 points. I was driving turning left on the intersection with a traffic light, and when I jst about to turn left the light turned to orange and I didn't have enough time to stop. Once I turned I saw the light turned to red and 2seconds later I saw a police beacon flashing through my rear-view mirror. It…
I figured pleading not guilty is the same as saying it was signed which is stupid. A friend of mine told me I could plead guilty with explanation and try to get the fine reduced when I come in.
So this Friday I was stopped by a local officer for going 110 in a 80zone. He also claims I was going 105 in a 50zone,which we literally passed when he stopped me as I was braking. It has been 3 days already and I can't seem to locate my ticket on their Internet site "pay ticket". Is there a way to determine if he has filed for certificate of offence to the courts? It has been 3 days I presume…
My trial date is in a couple days for a speeding ticket (york region) and i am nervous it is my first ticket ever as well as first trial
I did notice my ticket was filed beyond 7 days, 10 days after the day i got the ticket to be exact, which is stamped on the ticket. is this enough to have it dismissed?
If you look close enough, beside the drivers' side "A" pillar you will see a white circle = front antenna of Genesis radar......plus look above the dash pad...there is the Spectre RDD.
Any suggestions on how to handle this? I can't afford to spend a day at the court 
