“Hand Held Device Charge - Should I Proceed To Trial?”

I had an early resolution meeting today. It really was a waste of time, unless you want $100 removed from your ticket. I asked for a trial date. I was using my cell phone on hands free. I did push the green button to accept the call. The officer saw me using the phone hands-free. That is not the dispute. As most people, I am just looking to see what the outcome may be if I decide to go to trial. I will not bring representation with me. I just wonder what the procedure is. Will I meet with someone before the trial to try to resolve this? Should I wait to see if the officer shows up? I'm not sure what the best course of action is?

Was the phone mounted?

It was not mounted. I answered it and put it directly on speaker phone but the officer said because he saw me push the bottom that why I got the ticket. He didn’t dispute I was on speaker phone, he clearly saw that. I realize now, that I can’t even touch the phone to put on speaker.

O. Reg. 366/09: DISPLAY SCREENS AND HAND-HELD DEVICES

Exemption for pressing buttons

14. (1) A person may drive a motor vehicle on a highway while pressing a button on a hand-held wireless communication device to make, answer or end a cell phone call or to transmit or receive voice communication on a two-way radio if the device is placed securely in or mounted to the motor vehicle so that it does not move while the vehicle is in motion and the driver can see it at a quick glance and easily reach it without adjusting his or her driving position. O. Reg. 366/09, s. 14 (1).