Ontariohighwaytrafficact.com is an Ontario, Canada traffic ticket fighting and Highway Traffic Act discussion forum board. www.OHTA.ca is an open forum and Free to Join. Fight your traffic ticket. Help with fighting traffic tickets.
https://www.ontariohighwaytrafficact.com/
https://www.ontariohighwaytrafficact.com/hand-held-devices/what-car-stopped-traffic-light-t7935.html
Consider that most courts that deal with traffic offences and parking tickets do not deal with criminal cases at all. Our jurisdiction has a dedicated Provincial Offemces court. There are no "serious crimes" or "trivial cases"
I like defenses like this because if the JP does not agree, there is still a chance on appeal that a Judge might.
Sunafi wrote:My wording was, "sorry but it is stop light , i am waiting and I picked my phone." He was very strict while answering he pressed button on his shoulder and said "doesn't matter if it's red yellow or green light, the moment you are on road you can't touch your phone"Earlier he had told you have 3 options, so after asking above question I asked what are 3 options, he said it's on back of slip, I found him bit angry, which I can't prove or I might had miss-judge.
The Officer is correct. Unfortunately, even holding the phone is prohibited:
"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."
As pointed out above, being stopped at a red light does not meet the exemption listed:
"(6) Subsections (1) and (2) do not apply if all of the following conditions are met:
1. The motor vehicle is off the roadway or is lawfully parked on the roadway.
2. The motor vehicle is not in motion.
3. The motor vehicle is not impeding traffic. 2009, c. 4, s. 2."
The offence carries a 6 demerit point penalty. Generally these offences are an all-or-nothing resolution with agreements to a lesser offence being uncommon.
OTD Legal wrote:The offence carries a 6 demerit point penalty.
If I'm not mistaken, I believe that the offence is 3 demerit points, unless the legislation has changed recently.
Whenaxis wrote:OTD Legal wrote:The offence carries a 6 demerit point penalty.If I'm not mistaken, I believe that the offence is 3 demerit points, unless the legislation has changed recently.
Correct. My fingers got ahead of my brain. Drive With Handheld Communication Device is a 3 demerit point offence. I'll see if I can edit my original post with the correction. Thanks!
Unfortunately, it appears only the last post made can be edited. Unless I'm missing where the edit option is for older posts. To confirm HTA s.78.1(1) is a 3 demerit point offence, not 6.
I also refuse to use my phone when driving, except to place or answer calls using my car's Bluetooth. I've sometimes had the person in the passenger seat pick it up to read an incoming e-mail in case it's important (if I'm expecting one, for example), and have, a couple of times, handed my phone to someone in the back seat for the same purpose. IMO, calling that an offence is ridiculous.
I would suspect that it's because if they didn't make a blanket ban in holding it then everyone would have an excuse about passing it to someone or other reason why it was in their hand.
argyll wrote:I would suspect that it's because if they didn't make a blanket ban in holding it then everyone would have an excuse about passing it to someone or other reason why it was in their hand.
It would also be difficult to prove whether or not the device was actually being used.
The police officers who come to our high schools to educate our students about the perils of drinking and driving, texting and driving, etc., say it's easy for them to obtain information from mobile companies that would show exactly when and how the phone had been used. They say it's easy for them to get a court order.argyll wrote:It would also be difficult to prove whether or not the device was actually being used.
It's possible but it's time consuming. Plus that doesn't show if a driver is scrolling through music on the phone like the driver in the UK who was doing exactly that an ploughed into and killed a mother and daughter.
Zatota wrote:The police officers who come to our high schools to educate our students about the perils of drinking and driving, texting and driving, etc., say it's easy for them to obtain information from mobile companies that would show exactly when and how the phone had been used. They say it's easy for them to get a court order.argyll wrote:It would also be difficult to prove whether or not the device was actually being used.
I don't recall ever having had a case where they've gone that far for time and expense on a Drive With Handheld Communication Device ticket. Even if the device showed activity, that is short of proving who caused that activity and how.