“Hand-held Communication Device”

I've noticed there isn't much talk about this relatively new offence. As I got a ticket for it just days ago, I wanted to ask those who may know on this forum a few questions which would help me out greatly:

I got the ticket on the QEW near Fort Erie. There's no doubt I was looking at my phone, because it was ringing a lot as I crossed the border back to Canada. My phone was off for a week and I got a whole lot of texts, and all I was doing was checking them. Before I go on, I want to say that I actually never text nor fiddle around with my phone while driving, and I hate it when I see others do so. But driving for 8 hours got the better of me, and I did pick the phone up and didn't notice until the last second when the officer pulled up right beside me. He pulled me over, asked me why I was holding the phone, I basically admitted I did, and he wrote me a ticket. So basically I have no defence, I admit, and it was very stupid of me to have held the phone in the first place.

I would normally fight this, if only for the off-chance that it can be thrown out or what not. But this ticket was issued in Niagara Falls, and I live in Toronto. So I have a few questions:

(1) I already have a conviction on my record for FAIL TO PROCEED AS DIRECTED AT GREEN LIGHT, a lesser conviction from an original Disobey Sign charge. This conviction carries 0 demerit points. The conviction is indeed on my driver's record as I checked. If I pay the fine and get this DEVICE conviction on my record, what can I expect in terms of any insurance rate increases, for having two convictions with zero points?

(2) Can I fight this charge in a court in Toronto and not Niagara Falls?

(3) If I do fight it, what chance would I have? To what other law can I plead guilty to that would be less in severity than the DEVICE charge?

Thanks for all your input!

1) Contact your insurance provider. Two minor convictions will likely have a minimal insurance rate increase, but it varies from one provider to the next.

2) Court cases must take place in the jurisdiction where the offense occurred. So no you can't have it in Toronto unfortunately.

3) Probably the best you can do is a reduced fine. There really isn't a less serious offence.

Stanton wrote:1) Contact your insurance provider. Two minor convictions will likely have a minimal insurance rate increase, but it varies from one provider to the next.

2) Court cases must take place in the jurisdiction where the offense occurred. So no you can't have it in Toronto unfortunately.

3) Probably the best you can do is a reduced fine. There really isn't a less serious offence.

Make a court date and hope it is farther than the 11 months, if it is file an 11(b).

Don't alert your insurance company to the fact you got a ticket, my opinion.

Cop may not show up for court, ticket gets dismissed.

Not a big ticket to have it reduced so go all the way and into trial. Ask for disclosure.

Thanks for your replies.

Since I frankly only care about any possible insurance rate increases, I think I will contact my provider, obviously anonymously. How would you best suggest I do that - that is, provide information without providing details?

As for fighting the charge, aside from it being in Niagara Falls, which is a ways away for me, I don't know what grounds I would fight it on. I could go to Niagara, ok, but what if the cop does show up - then what? Also, since it' Niagara Falls, I would think they'd have the court date sooner rather than later...

Any suggestions are welcome, thanks

Just wanted to bump this up and see if anyone else has suggestions for my charge...thanks!

I too care about insurance rate increases, but feel as though I shouldn't worry that much. That's why we should band together as anti-insurance!!

Sign the petition and we can do this together.