Ontario Highway Traffic Act

There is pretty much no accountability for Justice of Peace and Judges in this country. If they make a bad decision, then it is up to you to pay out of pocket to take it to a higher court to be found not guity, and there will be no negative consequences for the JP or Judge or Prosecutor or Officer.

This is how our great justice system works in ...

There is no rule that prevents your daughter from testifying, so I would bring her along for sure.

Plead Not Guilty and request a trial with the officer present. Once you get your Notice of Trial, you can request disclosure (copy of officers notes). You will need officers notes to understand what officer will say on the witness stand, which will ...

No it should not affect your friend, only you.

When you go to court, bring her along so that she can testify. You might get a reduction, and maybe there is a small chance you will get it dropped completely if the JP believes you and her are both sincere.

So assuming the JP does not see the error and convicts you, and assuming you also already have a bunch demerits against your license, then yes it is possible that your license could be suspended.

3 demerit points on its own will not lead to a suspension.

Simply ignoring the ticket will NOT lead to a suspension either. If you ignore it, then it ...

The police officer must file their copy of the ticket (the Certificate of Offence) with the Clerk at the office within 7 days of the ticket being issued.

For whatever reason, they did not file it so therefore the charge is dropped and you win!

You can call the Provinical Offences office and ask for the status of the ticket if you want to confirm ...

If you had a green light then 100% fault is with the other vehicle.

You can call the MTO and ask them about demerits as they will be best able to tell you.

You wait about a month and then you call the Provincial Offences office and ask them the status of the ticket. If you are convicted you will most likely receive a notice in the mail anyways, but call if you are not sure.

Oh right, I did not look back up at the top of the thread!

So the officer is going to testify that they saw you on your phone, and you are going to testify that you were not on your phone but then moved it, so you by your own testimony they would find you guilty.

Did the officer see you move it?

It actually would have been better for you if it was still in the mount because you could have said "look it's in the mount, I was not holding it"

Anyways, get disclosure and see what the officers notes say and then we can better decide if you have a defense or not.

It is a Fatal Error if the section is unknown AND you do not show up for trial. If you show up for trial, then they may be able to amend/fix it.

If it was me, I would NOT respond to the ticket and keep the original in a safe place (scan it as well so you have copy just in case).

There are two possible outcomes if you ignore the ticket
(1) The JP ...

You are not allowed to hold the phone at all. If it was mounted and you were using hands free mode while it was mounted and you never took it off the mount and you never held, then you might have a case.

If you actually took it off the mount though and were holding it at anytime then you do not have a case.

You say it was in a mount but you also ...

The only way you can beat this is if the officer does not show up for the trial (which is very rare).

These tickets are almost impossible to beat... officer testifies they saw you on your phone and unless you and another witness can testify that you were not, you will be found guilty.

The charge is for HOLDING the device. You are allowed to use handsfree mode only if the device is secured to the vehicle somehow. They do not have to prove the ...

So most likely you have a SUMMONS to appear in court? If its a summons, it is not your trial date, so you will show up and tell prosecutor you plan on pleading not guilty and would like a trial date set and would like disclosure, including the video that officer said she had.

If officers notes say there were other vehicles and that she was using ...