OHTA.ca

So the other day I got caught looking at the GPS on my phone at a red light and I got the hefty $490 fine that is now given for "distracted driving". The fine is whatever, I can pay that, but because I only have my G2 license I supposedly get my license suspended for 30 days. This is the problem, I work full time and driving is imperative to my job. If I get my license suspended I will most likely lose my job. Is this something they will even care about if I go talk to a prosecutor for a resolution of my ticket? I simply cannot lose my license and I just don't know how much they will actually care about my life and well-being. Will I be able to talk them into not taking away my license as it will basically ruin my life? Has anyone been in a similar scenario who can help me out?

Novice sanctions are something that are done by the ministry upon conviction. That's between you and the Ministry. Unless they offer a lower charge at the courthouse, you're out of luck. Unfortunately, handheld device is one of those charges they can't really change.

Worst case, find other alternatives for transportation.

Given your situation it would probably be best to file for a court date. This will at least give you several months of breathing room while you figure out what you are going to do next. There is also a chance that some way can be found to beat the ticket.

Jbrune wrote:So the other day I got caught looking at the GPS on my phone at a red light and I got the hefty $490 fine that is now given for "distracted driving". The fine is whatever, I can pay that, but because I only have my G2 license I supposedly get my license suspended for 30 days. This is the problem, I work full time and driving is imperative to my job. If I get my license suspended I will most likely lose my job. Is this something they will even care about if I go talk to a prosecutor for a resolution of my ticket? I simply cannot lose my license and I just don't know how much they will actually care about my life and well-being. Will I be able to talk them into not taking away my license as it will basically ruin my life? Has anyone been in a similar scenario who can help me out?

As stated earlier the Ministry is in charge of suspensions and you will get suspended for this offence unless you beat the charge. Being on a GPS while being the driver of the vehicle is an offence and as you've said you were on your GPS . The odds of the officer not showing are slim to none. If i were you (and your saying you can pay it) I'd just pay it, get the 30 day suspension over with and fine alternate transportation... the suspension is likely inevitable.

I would choose the NOT GUILTY option and request a trial with the officer present. Once you get your notice of trial, you can request disclosure (officers notes). Once you get the notes, blank out personal/officer info and post here so we can review.

You can always plead guilty and pay at anytime up to the trial without penalty. But you should always review the disclosure before doing so as you have nothing to lose and everything to gain by looking at it.

Prosecutors will sometimes give you break on a ticket and reduce it to a lesser charge. But they do not have to do that. Anyways once you review the disclosure, if you decide that the case looks good for them and they will probably win, then you could try to set up a meeting with prosecutor before the trial and see if they will offer you a lesser charge with no suspension.

jsherk wrote:I would choose the NOT GUILTY option and request a trial with the officer present. Once you get your notice of trial, you can request disclosure (officers notes). Once you get the notes, blank out personal/officer info and post here so we can review.

You can always plead guilty and pay at anytime up to the trial without penalty. But you should always review the disclosure before doing so as you have nothing to lose and everything to gain by looking at it.

Prosecutors will sometimes give you break on a ticket and reduce it to a lesser charge. But they do not have to do that. Anyways once you review the disclosure, if you decide that the case looks good for them and they will probably win, then you could try to set up a meeting with prosecutor before the trial and see if they will offer you a lesser charge with no suspension.

While I agree with you regarding requesting disclosure to see what the evidence is against you. There is no lesser included offence for which he/she wont get suspended with respect to s. 78

The only lesser option for the prosecutor is to perhaps lower the fine, but with you working, that is unlikely...as stated, the prosecutor and the Justice of the Peace have no say about points or suspensions, that is the sole jurisdiction of the Ministry of Transportation...

Request disclosure, review his notes; if it says that he saw you "holding your phone" then it's just a matter of whether the officer is present at trial.

There are no lessor or reduced charges available for S78 or S78.1 offences.

Pragmatically, it's in the OP's best interest to prepare for himself for a likely 30-day suspension; whether that means taking emergency, vacation, sick days, transit, uber, ride-sharing, car-pooling.

Maybe speaking to your work-place about the situation, to see if there is "non-driving" office/stationary related work you might be able to do.

I do warn the OP not to drive during the 30-day suspension period; your vehicle/license-plate will be flagged for "possible suspended driver". Even if someone else is driving the vehicle, it may get stopped just to verify the driver operating it is not-suspended.