The Ontario Highway Traffic Act section 78.1(1) deals with Hand-held devices and distracted driving.
Morshed81
Newbie
Newbie
Posts: 4
Joined: Tue Aug 06, 2019 7:04 pm

Hand Held Device Ticket On Gardiner Expressway

by: Morshed81 on

Hi,


Today I received a hand held device ticket on Gardiner. I was pulled over by the police officer and told i was using my cell phone while driving but i never even touched my cell phone. He told me my hand was not on steering. I am sure i didn't touch the phone. The phone was on the right passenger seat connected to my car. I was using mobile gps which was on dashboard display and never touched it. If i was using other apps or texting the dashboard car display shouldn’t show the gps apps running. When the officer was there the gps was running on display. Also i can submit my phone log from my cell phone operator. What can i do. Your valuable suggestion will be highly appreciated

bend
Moderator
Moderator
Posts: 1436
Joined: Wed Sep 19, 2012 1:44 am

Posting Awards

Moderator

by: bend on

Your call logs wouldn't be considered.


You only need to be holding your phone for a conviction, whether you're using it or not.


So however you proceed going forward with your ticket, the argument will be whether you touched your phone or not.

bend
Moderator
Moderator
Posts: 1436
Joined: Wed Sep 19, 2012 1:44 am

Posting Awards

Moderator

by: bend on

In this scenario, it will be likely that the officer will say they saw you handling the device. That would be all the proof necessary for a conviction in most cases.


The officer would have wrote notes with the details of your stop. If you request a trial, you can make a separate request for the notes and they will be made available to you.


If you provide the address of the courthouse, I can give you the details on how to make that request.

bend
Moderator
Moderator
Posts: 1436
Joined: Wed Sep 19, 2012 1:44 am

Posting Awards

Moderator

by: bend on

They are not dismissing this charge out of the goodness of their heart. In fact, I don't believe this is a charge they even reduce since there's no relevant lesser charge.


You can still attend an early resolution meeting and if you don't like what you're hearing, you can request a trial if that's what you want.


If you request a trial, you'll wait to receive your Notice of Trial in the mail. It will give you your court date information.


From there, you can make a disclosure request and they'll provide you with any relevant information including the officers notes. The have generic forms you can fill out here under Disclosure Request Forms.

Post a Reply
  • Similar Topics

Return to “Hand-held devices”

Who is online

Users browsing this forum: No registered users and 3 guests