Touched mounted phone to decline call and received $490 ticket

Sabreenageorge
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Touched mounted phone to decline call and received $490 ticket

by: Sabreenageorge on
Tue Oct 16, 2018 8:08 pm

I was stopped at a red light and the phone was mounted to the windshield. I had google maps open. But just as the red light rTurned green I received a call and literally touched the decline button on the phone to clear the screen so that I can see the map. I did not notice that the light turned green as the call came just as the that happened, so I started my car a couple of seconds after the light had turned green.
Got pulled over and received the $490 fine despite not holding the phone. Officer told me that it is still distracted driving even though the phone was mounted.
The Ontario.ca website says that I can touch the phone if it is mounted, and my understanding until now is that you can’t get a ticket if you use the gps on a mounted phone.
Please advice me on how to fight this ticket. Should I go in for early resolution?
My wife was sitting beside me so she can be my witness.


Zatota
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by: Zatota on
Tue Oct 16, 2018 8:39 pm

You very well could have an argument pursuant to subsection 14 (1) of O. Reg. 366/09 (that's the Regulation dealing with hand-held device exemptions; s. 14 (1) refers to what you said in terms of being able to push a button if the device is securely mounted). That said, the officer/Prosecutor could amend the charge to Green light - fail to proceed as directed (set fine of only $85 and no demerit points vs. $400 and three points).

It's definitely worth requesting a trial and looking at the disclosure.




Zatota
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by: Zatota on
Wed Oct 17, 2018 10:04 am

The person with whom you meet at early resolution may be in a good mood and may accept your story that you simply pushed one button on a mounted phone. Do your homework and bring at least subsection 14 (1) of the Regulation with you. Tell the prosecutor that that's exactly what you did and no more. The prosecutor probably won't have the officer's notes and probably will not know the officer's side of the story. If you're lucky, the prosecutor will drop the charge. Chances are, however, that, at best, the prosecutor will offer you something else.

If early resolution doesn't get you what you want, I believe you can still request a trial.


Sabreenageorge
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by: Sabreenageorge on
Thu Dec 20, 2018 8:00 pm

I went for early resolution and got the officers notes, he does not have dash-cam recordings or sounds recordings, though he mentioned to us when we were stopped that everything was being recorded.
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Officers Notes:
L2 30 KMH as i approach xx street there is a white Toyota corolla in front of me. He has a cell phone mounted on windshield and i can see his GPS screen on... as he approach light he jam on break as he is now touching th screen on the phone ... enlarging picture as he goes into intersection... stop Samsung GPS still on.

-----------------------------------------------------
From what I can remember and my wife who was sitting on the passenger seat, we both remember very well that i was not enlarging anything. it doesn't make sense why i would enlarge a GPS screen (unless i zoomed out to see the bigger picture, which i did not do anyways). A call came in and i pressed the answer button because it blocked my GPS screen.

he also mentions that he was behind the car, but my wife says he was slightly in front of us on the left at the intersection.

we both cannot fully remember anymore if we were stopped at the light and took a while to move when the light turned green, or if i was driving and slowed down when the call came in.

please advice how we can fight this ticket. first of all i would have known if he was directly behind me. how can he see exactly what i was doing on my phone from a distance? can i bring my wife as witness who was sitting right beside the phone, to testify that i only pressed one button. will 2 against one make my story more credible?
also can i use the argument that he is not showing the dash cam video because he cannot prove that he was behind us?
please advice.
Thank you in advance


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