The Ontario Highway Traffic Act section 78.1(1) deals with Hand-held devices and distracted driving.
allysoflyy
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Hand Held Device-- Early Resolution Meeting Help.

by: allysoflyy on

Hi there. Back in October 2019, I received a ticket for driving while holding my cellphone (ticket states "drive, handheld device"). I was using voice to text while my phone was in the centre console but when I approached the red light, it wasn't capturing my voice so I lifted my phone so the speaker could hear my voice.


Anyway, I opted for an early resolution meeting because I honestly cannot afford to pay the ticket in full on the spot. I was on maternity leave when I received the ticket. I work now however 80% of my paycheck goes to daycare (I get paid weekly and I am left with $100/week to cover groceries, diapers and other bills). I called the Halton court services and someone instructed me to go Early Res to get help to pay it.


I just need some advice about the Early Res meeting. It's in 3 days. I've never been in trouble like this before and it's been keeping me up at night because I'm so stressed about it.


Thank you.

allysoflyy
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by: allysoflyy on

I am also really nervous about the license suspension. I take my kids to and from daycare and I live in a completely different city than my family so I can't use them to go and pick up my kids. My boyfriend, their father, works later shifts so I pick him up a few hours after getting the kids (we sold our cars to get 1 large family car).

bend
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by: bend on

The suspension wont be negotiable.


Any handheld device conviction now comes with a 3 day suspension for fully licensed drivers on a first offense.


Only way around this is to be offered a reduced charge that isn't handheld device. Problem is they don't typically offer a reduced charge because there is no lower equivalent.

chenco
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by: chenco on

Don't be disheartened, just go ahead with your ER meeting. If they don't reduce the charge, opt for trial. I was recently at trial for a speeding ticket and observed quite a few violators were offered alternate charges with around $300 fine. You might be able to request a payment plan from the JP... exercise your rights, don't give up.


Good luck.

Chenco

Mahmo
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by: Mahmo on

allysoflyy wrote: Sun Jan 12, 2020 3:32 am

Hi there. Back in October 2019, I received a ticket for driving while holding my cellphone (ticket states "drive, handheld device"). I was using voice to text while my phone was in the centre console but when I approached the red light, it wasn't capturing my voice so I lifted my phone so the speaker could hear my voice.


Anyway, I opted for an early resolution meeting because I honestly cannot afford to pay the ticket in full on the spot. I was on maternity leave when I received the ticket. I work now however 80% of my paycheck goes to daycare (I get paid weekly and I am left with $100/week to cover groceries, diapers and other bills). I called the Halton court services and someone instructed me to go Early Res to get help to pay it.


I just need some advice about the Early Res meeting. It's in 3 days. I've never been in trouble like this before and it's been keeping me up at night because I'm so stressed about it.


Thank you.




I'm in a similar position. What did the prosecutor say? I need to know whether I should even bother to ask for mercy.

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