Talking on the phone ticket | GTAMotorcycle.com

Talking on the phone ticket

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nikiter

Well-known member
Usually I use my indesh deck Bluetooth but lately people had trouble hearing me, so I was driving and talk to my buddy. Cop was parked and I saw him in the last second. Out eyes locked lol. He came right after me. Gave me the biggest lecture and I was sorry and nice to him. Thought I was gonna get away with a warning. Nope, $150 ticket. It sucks cause all my tickets from before got dropped on December and I've been driving like a grandma and here this useless ticket :( Called this place Points that I had luck before with and they said it's pretty much 50/50 to fight. This ticket doesn't give any points but insurance will see it as minor offence still. Anyone had any luck with this? Thanks
 
50/50 meaning there is likely no evidence whatsoever beyond a subpoena for your phone records to prove you were using it at the time and it becomes he said she said. If you admitted at any time you were on the phone, don't even bother fighting it. If you didn't, you could follow the usual route, ask for disclosure and try to convince a JP the cop was mistaken in what he saw but I don't like your chances there.
 
Macs said:
50/50 meaning there is likely no evidence whatsoever beyond a subpoena for your phone records to prove you were using it at the time and it becomes he said she said. If you admitted at any time you were on the phone, don't even bother fighting it. If you didn't, you could follow the usual route, ask for disclosure and try to convince a JP the cop was mistaken in what he saw but I don't like your chances there.
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Still gonna be asking for disclosure. Hopefully he made mistakes in notes.
 
Macs said:
50/50 meaning there is likely no evidence whatsoever beyond a subpoena for your phone records to prove you were using it at the time and it becomes he said she said. If you admitted at any time you were on the phone, don't even bother fighting it. If you didn't, you could follow the usual route, ask for disclosure and try to convince a JP the cop was mistaken in what he saw but I don't like your chances there.
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Psst Macs
 
infernobuster said:
LMAO. " 7/10 " important.

Classic.

Love to hear that line when you say that in the court to the judge.

Also love to hear you say that line to me, while im peeling your body out of a car wreck too.
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Asked for any advice/help........got ***** on. I get it. As I mentioned that I usually do use Bluetooth. Bad timing and I got caught. It was actually 7.5/10
 
nikiter said:
He came right after me. Gave me the biggest lecture and I was sorry and nice to him. Thought I was gonna get away with a warning. Nope, $150 ticket.
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During your conversation with the officer did you admit that you were talking on the phone?

With any ticket, I would submit a request for a trial date. 8 weeks prior to trial I would request disclosure. Based on the information included in the disclosure, I would decide how I would proceed.

Read the thread below for information on fighting a ticket (Scheduling a court date, requesting disclosure, etc)...

http://www.gtamotorcycle.com/vbforu...-you-want-to-fight-your-ticket-in-court-(new)


Many collisions/deaths have occurred from momentary distraction.
 
SLaP said:
During your conversation with the officer did you admit that you were talking on the phone?

With any ticket, I would submit a request for a trial date. 8 weeks prior to trial I would request disclosure. Based on the information included in the disclosure, I would decide how I would proceed.

Read the thread below for information on fighting a ticket (Scheduling a court date, requesting disclosure, etc)...

http://www.gtamotorcycle.com/vbforum/showthread.php?59068-What-to-do-when-you-want-to-fight-your-ticket-in-court-%28new%29


Many collisions/deaths have occurred from momentary distraction.
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Best reply in this thread.
 
cknowles said:
Good point,
nikiter we haven't served you well.

In your original post you admitted to driving and talking. I'm wondering if your statement on this forum could be damaging to your case should you choose to contest the ticket? (Of course you haven't identified your true identity)
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Why would I post my full name? Might as well throw in plate # and address in there.
:-/
 
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nikiter said:
Why would I post my full name? Might as well through plate # and address in there.
:-/
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you're right. It's not like there's a way to track things on the interwebs...
 
Macs said:
50/50 meaning there is likely no evidence whatsoever beyond a subpoena for your phone records to prove you were using it at the time and it becomes he said she said. If you admitted at any time you were on the phone, don't even bother fighting it. If you didn't, you could follow the usual route, ask for disclosure and try to convince a JP the cop was mistaken in what he saw but I don't like your chances there.
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It is not a "he said, she said" situation.
Officer does not need a subpoena to win in court. He doesn't have to prove that a call took place. Just looking at the screen while driving is enough to get you this ticket!

And it is exactly like any other ticket, such as failing to stop at the sign, making the wrong turn, etc - the officer does not need anything!!! Except to say that he saw the driver braking the particular rule.

Even if the driver kept his mouth shut, and did not admit to be in the middle of a call... what would be the excuse / defense?

:p
 
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MarcosSantiago said:
It is not a "he said, she said" situation.
Officer does not need a subpoena to win in court. He doesn't have to prove that a call took place. Just looking at the screen while driving is enough to get you this ticket!

And it is exactly like any other ticket, such as failing to stop at the sign, making the wrong turn, etc - the officer does not need anything!!! Except to say that he saw the driver braking the particular rule.

Even if the driver kept his mouth shut, and did not admit to be in the middle of a call... what would be the excuse / defense?

:p
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This may sound idiotic...but I saw this gem in court:

"There was sun directly in the officer's eyes your worship, his own notes suggest he was facing East at the time of the alleged offence which occurred at 8:51a.m. My client was simply moving his hair to a more comfortable position behind his ear and attending to an itch."

"Did you see or hear a phone conversation taking place constable blah?"

"No your worship, but it was unmistakably a black cell phone to the accused's ear."

"The accused has black hair constable blah, is it possible you saw him adjusting his hair."

"Yes it is possible but unlikely."

"Did the accused deny using his cellular phone while driving?"

"He did."

"Is there any evidence to the contrary beyond your word?"

"No."

"Were you facing into the sun when you witnessed the alleged offence?"

"Yes, but I was wearing sunglasses."

"Was your vision impeded in any way, such as glare off of cars or the road, or direct sunlight to your eyes?"

"Well yes, I suppose so"

Not guilty.

Personally, when I forget to turn on Bluetooth (the car needs to be stopped and in park) I just put the person on speaker and put the phone on my lap. If I have it to my ear and see anything resembling a cop car, drop it immediately and act like you're scratching.
 
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MarcosSantiago said:
It is not a "he said, she said" situation.
Officer does not need a subpoena to win in court. He doesn't have to prove that a call took place. Just looking at the screen while driving is enough to get you this ticket!
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Just HOLDING the phone is enough to get you this ticket.
 
I got busted for texting while stopped at a red light (same offence). My best bet, and perhaps yours...... There is a box to check mark on the back stating that you live so many km's away....blah blah blah... I checked it, and mailed it away and just pleaded guilty with an explanation. I explained that the officer told me to go this route in order to have it reduced by 60%.... They sort of listened to my excuse, then lowered my fine, and gave me 90 days to pay. Not sure if this helps, but it is another option to at least get it reduced.
 
coyo said:
Just HOLDING the phone is enough to get you this ticket.
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Not always. I watched a JP throw out a case because the officer had no evidence that the person was using the device.

Not the case I saw, but good info nonetheless.

http://www.thespec.com/news/ontario...ving-ok-to-briefly-hold-cellphone-judge-rules

Fri Jul 06 2012

Briefly handling your cellphone while behind the wheel should not get you a ticket under Ontario’s recent distracted driving law, a judge has ruled.

“To be ‘holding’ a hand-held wireless communication device requires more than merely touching or a brief handling of such a device,” says provincial court Justice Shaun Nakatsuru.

Nakatsuru overturned a ruling by Justice of the Peace Ruby Wong, who had found a Toronto woman guilty of “holding” her cellphone while stopped at a red light when she retrieved it from her car floor, where it had dropped.

The ruling is binding on Ontario justices of the peace, who hear many such Highway Traffic Act cases.
 
the holding case was kangaroo court at it's finest; the women had a flip phone, and admitted to opening it... but the justice felt that was still considered briefly "holding" the phone

regardless you can use that defense in court as well, you dropped your phone... in fear that it would be trapped behind your brake pedal, you picked it up
 
Interesting cases
 
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