Worth to fight this ticket?

mimico_polak

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So wife ended up getting a ticket for talking while driving (yeesh!) and the kind police officer gave her a $280 fine for the charge.

I requested disclosure and the notes all state what she said…howeverone item which is completely off is the note states ‘no obstruction, no tintedwindows’ where the car is clearly tinted all around.


Other notes state that he saw her talking, asked her whatthe chat was about and she actually told him (duh!) and this is in the notes aswell. She’s already gotten busted once for a minor where she didn’t have herupdated insurance slip and didn’t go to take care of that prior to the chargebeing official and filed on her record.

What do you guys think?


 
"What do you guys think?" If she still has the habit of talking/texting while driving, I'd suggest fighting the charge with any means possible as it is only a matter of time until another charge will happen (or something more serious).
 
The only thing that you can do right now is keep on fighting it, and see what happens. IMO the tint on the windows is not going to be a factor, the officer was able to see what happened inside the car anyway, so he has evidence that will prove she was in fact using the phone. Now, if there are other mistakes on top of that one in his notes, maybe you could do something with them.

Honestly, using the phone and driving is dangerous, very likely to cause a collision. So regardless of ticket or insurance issues, she should just stop doing it.
 
Confession to the cop of being on the phone is evidence in itself, never mind anything else the cop saw.
 
riding home from work Friday, this makeup caked idiot lady was on her phone texting beside me, shook my head as I got past he and looked at the ripped up from bumper of her little beemer. Idiot.... has no clue :rolleyes:
 
I'm appalled about the replies this is getting. OP, I'm sorry not sorry to be the one who says this but she deserves it and should bite the bullet.

What would you do if you or her get hit by a distracted driver who was talking on the phone? You'd see that the law was applied to the full extent, right?

As a fellow rider (and a rider yourself), I hope you take this as food for thought and discuss it with your wife. Be responsible.
 
Some people learn better by doing than not doing. So you could let her fight the ticket, she should be getting disclosure etc. though, not you, and go through the entire rigamarole.
As long as she learns to drive safer from the experience. That's what tickets are supposed to be all about.

Hands free is dirt cheap. It probably isn't a whole lot safer, but at least it meets the limits of the law. Might make a nice birthday, End of school, Canada Day etc present. Just make sure that it's easy to use, and she uses it. Once you run over someone, it's a little late.
 
I'm appalled about the replies this is getting. OP, I'm sorry not sorry to be the one who says this but she deserves it and should bite the bullet.

What would you do if you or her get hit by a distracted driver who was talking on the phone? You'd see that the law was applied to the full extent, right?

As a fellow rider (and a rider yourself), I hope you take this as food for thought and discuss it with your wife. Be responsible.
You are right. She deserves the ticket. Also, if it makes you feel better, fighting it will not help - because she already gave practically a confession to the cop.

But it is still her right to go to court and try to fight it, reduce the fine, or whatever else that could be negotiated. Also, there was no accident here, so no one is hurt. I don't see a conflict here.
 
I'm not condoning what she did in any way shape or form. Actually it caused a huge fight b/w us because she knows I ride, and she knows how dangerous this is.

Unfortunately this happened about a week or two after herfather’s death and in the midst of planning the wedding (which she explained tothe police). It’s no excuse, but still blows. I know she hasn’t picked up a phone whiledriving since that day (approximately 8 months now).

Anyway thanks for the replies guys.
 
You are right. She deserves the ticket. Also, if it makes you feel better, fighting it will not help - because she already gave practically a confession to the cop.

But it is still her right to go to court and try to fight it, reduce the fine, or whatever else that could be negotiated. Also, there was no accident here, so no one is hurt. I don't see a conflict here.

Precisely the mindset that causes people to get hurt.
 
I'm not condoning what she did in any way shape or form. Actually it caused a huge fight b/w us because she knows I ride, and she knows how dangerous this is.

Unfortunately this happened about a week or two after herfather’s death and in the midst of planning the wedding (which she explained tothe police). It’s no excuse, but still blows. I know she hasn’t picked up a phone whiledriving since that day (approximately 8 months now).

Anyway thanks for the replies guys.

That would've happened if my worse half, or I had done this, sorry to hear that and I hope it gets resolved the best way possible.
 
Is this offence considered a moving violation with points now?
 
Was she wrong? Yes. Did she learn from it? Hopefully. Fight it? Sure, why not. If disclosure indicates a "confession", the best you might get is a lower fine, the worst is the full fine.

If she hadn't admitted anything, the tint might have played a part in that the officer could have been mistaken and she was just scratching her ear or something.
 
Is this offence considered a moving violation with points now?

Insurance companies love it as it demonstrates a (much) higher level of risky driving habits and they can adjust your premium as such.

No points with the conviction... yet.

There is talk of raising the fine (again) from a set fine of $280 towards a max payable of $1000 and 3 points. The max payable being over $500 would make it a summons and not a ticket which means everyone would have to go to court for it (no option to pay and be done with it).
 
Ironically, it was voted on today and has passed. http://kitchener.ctvnews.ca/maximum-fine-for-distracted-driving-increased-to-1-000-1.2402419

Insurance companies love it as it demonstrates a (much) higher level of risky driving habits and they can adjust your premium as such.

No points with the conviction... yet.

There is talk of raising the fine (again) from a set fine of $280 towards a max payable of $1000 and 3 points. The max payable being over $500 would make it a summons and not a ticket which means everyone would have to go to court for it (no option to pay and be done with it).
 
I'm pretty sure the copper can pull your cell phone records. Using the time index in correlation to the time he pulled you over to verify that you were on the phone, and for how long. You can't say it didn't happen as all have said, but lowering the fine maybe an option. Distracted driving is really out of control in Toronto.
 
I'm pretty sure the copper can pull your cell phone records. Using the time index in correlation to the time he pulled you over to verify that you were on the phone, and for how long. You can't say it didn't happen as all have said, but lowering the fine maybe an option. Distracted driving is really out of control in Toronto.

You're right; can be done... but that would require a production order (like a warrant) and they won't bother. Had she seriously injured or killed someone; different story.
 
I'm not going to give any advice here, because the silver VW Routan that I saw wandering all over the road while going slowly this morning, then seeing that the driver was on the phone while overtaking him, means this all has to stop, and if it takes big fines to do it, so be it.

Buy your wife a bluetooth module.

Talking on the phone *at all* - even hands-free - is a distraction, but at least the bluetooth method is legal.

Her ticket ... her job to deal with it.
 
You're right; can be done... but that would require a production order (like a warrant) and they won't bother. Had she seriously injured or killed someone; different story.

You can also do this for a defence although even removing the phone from a pocket cause its uncomfortable is against the law
 
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