OHTA.ca

I was stopped for using hand held device and issued a ticket. I was actually using cotton bud(Q tip) in my ear to dry after shower as I use hearing ads since last three years. I showed the same to the officer. Even a blue tooth lying aside. I also offered the phone for caller history. A pessenger sitting beside also gave evidence that I was not using the phone but the cotton bud. Inspite all that the cope issued a ticket. My last call before moving from my home was from 05:40 to 05:43:10 and the officer wrote the time 05:50 at the ticket. It is just 700 meter away from my home when I was stopped after I drove. First I finished the call and then drove. I mean still there is a difference of 06 minutes and 50 seconds. I checked the disclosure. Officer has just mentioned the color of phone i.e. white while there were two phones lying at the console: black and white; both are in my name. He mentioned white because I tried to handover the same in which I received the last call. The otehr is never used by me. It is used by my wife who was sitting beside me in the car.

I have decided to go for trial with evidences and witness. I don't know what will happen in the court. I need two things

1) Detail about the Highway Traffic Act 78.1(1)

20 Any tip for trial/advice in this regard

My Email is : makman101@yahoo.ca

May post at the forum,too

thanks

Bring your phone records to court, your friend too if possible. Case dismissed.

Phone records themselves won't help, they'll merely show you weren't on THAT phone...still, fight it.

If you have a witness who can testify that, indeed, you were not using a cellphone or any other such device, that's what will be the core of your defence.