Search found 7 matches

by shuank
Wed Jul 19, 2017 11:20 am
Forum: Hand-held devices
Topic: Advice on 78.1(1) Handheld Communication Device Ticket
Replies: 17
Views: 14027

Re: Advice on 78.1(1) Handheld Communication Device Ticket

That is very useful information. Thank you.

Do you have any advice or suggestions on how to present such contradictory evidence? (maybe you using the silver car vs. blue car example)
by shuank
Wed Jul 19, 2017 9:41 am
Forum: Hand-held devices
Topic: Advice on 78.1(1) Handheld Communication Device Ticket
Replies: 17
Views: 14027

Re: Advice on 78.1(1) Handheld Communication Device Ticket

As this is my first time attending a trial, I am not familiar with how everything is carried out procedurally. When is the appropriate time during the trial to show evidence that would contradict the police officers testimony/ notes? For example (and I know this is not relevant nor helpful to my particular case) lets say my car is actually blue, and not silver, and I want to show a photo of my car to prove the contradiction in the officers testimony. Again, I know this example will not help my case, but I would just like to know when contradictory evidence should be presented during the trial....
by shuank
Wed Jul 19, 2017 7:49 am
Forum: Hand-held devices
Topic: Advice on 78.1(1) Handheld Communication Device Ticket
Replies: 17
Views: 14027

Re: Advice on 78.1(1) Handheld Communication Device Ticket

If you take the witness stand and testify then you will lose the case because you will have to admit you moved the phone and therefore you are guilty of the charge. However, you are not required to take the witness stand and have the right to not testify against yourself. So this means the only way you can win is by cross-examining the officer on his testimony and trying to bring doubt to what he said. You will need to see his notes first though before you can prepare your cross-examination questions. Depending how good the officers notes are, will determine whether you can beat it or not. Th...
by shuank
Tue Jul 18, 2017 3:04 pm
Forum: Hand-held devices
Topic: Advice on 78.1(1) Handheld Communication Device Ticket
Replies: 17
Views: 14027

Re: Advice on 78.1(1) Handheld Communication Device Ticket

Did the officer see you move it? It actually would have been better for you if it was still in the mount because you could have said "look it's in the mount, I was not holding it" Anyways, get disclosure and see what the officers notes say and then we can better decide if you have a defense or not. The officer did not see me move it. Unfortunately, I was under the impression that I was stopped for being in a call (was not aware that handsfree mode was allowed) or else I would have definitely cleared this up. So... just to clarify... I was mistakenly stopped by the officer (did not c...
by shuank
Wed Jul 05, 2017 4:01 pm
Forum: Hand-held devices
Topic: Advice on 78.1(1) Handheld Communication Device Ticket
Replies: 17
Views: 14027

Re: Advice on 78.1(1) Handheld Communication Device Ticket

Just to clarify, the phone was moved from the phone mount to the door storage compartment after I had completely pulled over to the side, and fully stopped with the police cruiser behind me.
by shuank
Tue Jul 04, 2017 4:02 pm
Forum: Hand-held devices
Topic: Advice on 78.1(1) Handheld Communication Device Ticket
Replies: 17
Views: 14027

Re: Advice on 78.1(1) Handheld Communication Device Ticket

Thanks for the responses. I was not familiar with the law at the time, and as such, I thought I had broken the law for having a phone conversation while driving. After doing some research after the fact, I now know that it is legal to do so if the phone is operated using hands-free mode as per 78.1 (3): Hands-free mode allowed (3) Despite subsections (1) and (2), a person may drive a motor vehicle on a highway while using a device described in those subsections in hands-free mode. 2009, c. 4, s. 2. I use a phone mount in my car; I believe that constitutes a means of operating in hands free mod...
by shuank
Fri Jun 30, 2017 5:53 pm
Forum: Hand-held devices
Topic: Advice on 78.1(1) Handheld Communication Device Ticket
Replies: 17
Views: 14027

Advice on 78.1(1) Handheld Communication Device Ticket

This is my first time getting a traffic ticket and I would really appreciate advice on how to approach this. I was stopped back in January and issued a ticket for "DRIVE - HANDHELD COMMUNICATION DEVICE". I requested disclosure, and received: 1) DVD with the police cruises dash cam video with audio 2) Police officers notes The dash cam video does not show anything of value, and I am not visible at all at any point. The video does include the entire conversation that I had with the police officer. Here are the notes from the police officer: ---------------- Weather: Cloudy Roads: dry, ...

Go to advanced search