TV operating in front seat - section 78(2)

Dec 13/07 I do a favour for a friend and drive his pickup truck home. Head up the 400 and exit for home. I notice a line of cars on the ramp waiting to go through a spotcheck and I take my place in line. While I'm waiting the radio is playing music and the video screen is in some sort of option mode waiting for a prompt. (The volume and video screen had remained unchanged since I started the truck.) After a few minutes the officer signalled me to drive forward, I did so while lowering my window. As he approached I reached to lower the radio volume. I lowered the volume but I also unknowingly hit a button that changes the video screen. The screen changed from the option mode to a mostly snowy TV screen. I was asked the standard questions, gave satisfactory answers and was thanked for my time. Just as I was stepping on the gas I heard the officer call out for me to stop which I immediately did. He approached the vehicle and asked if I was watching TV while driving. I said no and explained what happened seconds earlier. I was then told to pull over and pass over my license. While waiting a few different officers came by the truck making cracks about watching TV and that I was in serious trouble. One even said that if I had not signalled when I was pulled over he would have taken the truck saying it would have proven watching TV was distracting me while driving. I phoned my friend, got instruction how to turn off unit so that was no longer an issue. After waiting for at least 30 minutes not knowing where the officer who took my license went he finally returned to give me a ticket for 110.00 and mentioned something about seeing me in court. I went home, looked up the charge and nearly dropped over when I saw it was a 6 point offence!

I have a court date of oct 13 and will be defending myself. I've never done it before and would appreciate any advice anyone has.

A similar topic was discussed here. It sounds like you were charged with careless driving not stunt driving. I just looked at the reg and I don't see any mention of a television but section 78 of the HTA does cover it. And I think the fine is too low for stunt driving.

In any case, make sure you request disclosure to find out what the officer actually saw. Until we know what evidence they are going to present, it's hard to come up with a defence strategy.

Nothing adds up at all to what your post indicates

Careless Driving = $325 and 6 points

TV in MV = $110 and 0 points

I can't find the actual ticket but this is what my Notice Of Trial indicates.

You are charged with the following offence:

On the 13th day of DECEMBER, 2007, at 9:33 pm, at HWY 400 TWP OF KING

You did commit the offence of TV OPERATING IN FRONT SEAT

contray to the HIGHWAY TRAFFIC ACT section 78(2)

The total payable includes Set Fine, costs and Victim Fine Surcharge as indicated on your Notice of Offence.

Total payable: $110.00

The rest just tells me my trial date is Oct 3/2008

ticketcombat - how do I request disclosure?

hwybear - is 10 months a reasonable wait for trial?

Thanks for the replies.

Not addressed to me, but I'll answer them anyway

Also you have asked the two people for wrong things - ticketcombat would be able to tell you everything about wait time, while hwybear would tell you everything about getting disclosure (providing it is somewhat in his department ).

To get a copy of disclosure, you need to go to your Provincial Offences Office. The address is on your ticket.

10 months is not unreasonable as ticketcombat tells us here

OHTA 78(2) does not carry any demerit points awards as you can double-check on our own cross-reference table here or at the bottom of this page

It is not really worth fighting, as it will not affect your insurance rate, but do call up your insurance company (from a payphone is preferred) and ask them whether a no-point charge will affect your insurance rates. Also, do not give them your name either (ties with payphone - they will not know who called them and therefore will not be able to put anything on your record. Best to keep that as clean as possible.)

Now I'm getting confused. I found this link that says it's a 6 point offence.

http://www.cbc.ca/marketplace/webextras ... t_security

Can someone please confirm what the penalty is for this offence?

We are dealing with what YOU were charged with, not what some CBC reporter wrote. You were NOT charged with stunt driving, you were NOT charged with the CBC's "driver crowding", and you were NOT charged with careless driving which has 6 points.

Focus on your s. 78(2) charge which does not carry any demerit points.

You must request disclosure from the prosecutor's office. There are instructions on my website how to request disclosure + a form to use (see Step 4). I think your trial is in Newmarket on Essa Road?? Call and get the prosecutor's office fax number (the information is on your notice of trial). DO NOT USE their disclosure request form!

Even the e-laws site doesn't say anything about 78(2) carrying any points "awards", or any other 78(X) save for 2 dates in it. Are you going to believe a CBC reporter (who would, no doubt, tell you to fill up your gasoline-powered car with leaded diesel if that helped boost his ratings) or a government website?

I just got home from court and after defending myself the result was case dismissed. The officer gave his story and I gave mine, the judge decided that there was a reasonable doubt so she had to dismiss it. Nice way to end a Friday!

Thanks to those who responded to my post. All comments were helpful and appreciated.

ticketcombat - I went to your site and did some reading. I doubt I would have done as well as I did if I hadn't. Thanks.

groove99 wrote:

ticketcombat - I went to your site and did some reading. I doubt I would have done as well as I did if I hadn't. Thanks.

This is exactly the reason why I built the site, to help people fight their ticket. Thanks for the great feedback!