Search found 7 matches

by shuank
Wed Jul 19, 2017 11:20 am
Forum: Hand-held devices
Topic: Advice on 78.1(1) Handheld Communication Device Ticket
Replies: 17
Views: 10891

Re: Advice on 78.1(1) Handheld Communication Device Ticket

That is very useful information. Thank you.

Do you have any advice or suggestions on how to present such contradictory evidence? (maybe you using the silver car vs. blue car example)
by shuank
Wed Jul 19, 2017 9:41 am
Forum: Hand-held devices
Topic: Advice on 78.1(1) Handheld Communication Device Ticket
Replies: 17
Views: 10891

Re: Advice on 78.1(1) Handheld Communication Device Ticket

As this is my first time attending a trial, I am not familiar with how everything is carried out procedurally. When is the appropriate time during the trial to show evidence that would contradict the police officers testimony/ notes? For example (and I know this is not relevant nor helpful to my par...
by shuank
Wed Jul 19, 2017 7:49 am
Forum: Hand-held devices
Topic: Advice on 78.1(1) Handheld Communication Device Ticket
Replies: 17
Views: 10891

Re: Advice on 78.1(1) Handheld Communication Device Ticket

If you take the witness stand and testify then you will lose the case because you will have to admit you moved the phone and therefore you are guilty of the charge. However, you are not required to take the witness stand and have the right to not testify against yourself. So this means the only way...
by shuank
Tue Jul 18, 2017 3:04 pm
Forum: Hand-held devices
Topic: Advice on 78.1(1) Handheld Communication Device Ticket
Replies: 17
Views: 10891

Re: Advice on 78.1(1) Handheld Communication Device Ticket

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 defen...
by shuank
Wed Jul 05, 2017 4:01 pm
Forum: Hand-held devices
Topic: Advice on 78.1(1) Handheld Communication Device Ticket
Replies: 17
Views: 10891

Re: Advice on 78.1(1) Handheld Communication Device Ticket

Just to clarify, the phone was moved from the phone mount to the door storage compartment after I had completely pulled over to the side, and fully stopped with the police cruiser behind me.
by shuank
Tue Jul 04, 2017 4:02 pm
Forum: Hand-held devices
Topic: Advice on 78.1(1) Handheld Communication Device Ticket
Replies: 17
Views: 10891

Re: Advice on 78.1(1) Handheld Communication Device Ticket

Thanks for the responses. I was not familiar with the law at the time, and as such, I thought I had broken the law for having a phone conversation while driving. After doing some research after the fact, I now know that it is legal to do so if the phone is operated using hands-free mode as per 78.1 ...
by shuank
Fri Jun 30, 2017 5:53 pm
Forum: Hand-held devices
Topic: Advice on 78.1(1) Handheld Communication Device Ticket
Replies: 17
Views: 10891

Advice on 78.1(1) Handheld Communication Device Ticket

This is my first time getting a traffic ticket and I would really appreciate advice on how to approach this. I was stopped back in January and issued a ticket for "DRIVE - HANDHELD COMMUNICATION DEVICE". I requested disclosure, and received: 1) DVD with the police cruises dash cam video wi...

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