What if car is stopped at traffic light

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Decatur
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Re: What if car is stopped at traffic light

by: Decatur on
Sun Jan 22, 2017 5:08 pm

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"




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by: OTD Legal on
Mon Jan 23, 2017 4:24 pm

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.
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by: OTD Legal on
Tue Jan 24, 2017 10:38 am

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!
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by: OTD Legal on
Tue Jan 24, 2017 10:46 am

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.
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by: Zatota on
Tue Jan 24, 2017 1:16 pm

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.


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by: argyll on
Tue Jan 24, 2017 1:26 pm

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.
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by: OTD Legal on
Tue Jan 24, 2017 3:11 pm

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.
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by: Zatota on
Wed Jan 25, 2017 3:13 am

argyll wrote: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.


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by: argyll on
Wed Jan 25, 2017 3:22 am

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.
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by: OTD Legal on
Wed Jan 25, 2017 2:29 pm

Zatota wrote:
argyll wrote: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.
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.
The content of this post is not legal advice. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case.


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