OHTA.ca

Hey everyone,

I was recently fined for using a hand-held device while stopped at a red-light. Unfortunately I was actually trying to solve why my car wouldn't use the auto hold function on my vehicle. This function allows me to have the car stopped without having my foot on the brake. I recently bought the car so I was unsure why it wasn't working this time. ( Its because I didn't apply the brake all the way to the floor ). While trying to solve the issue at the time with my centre controls - which are located in front and below my arm rest. It appears to the officer that I was using my phone at the red light. I can't blame her for thinking that as i was also looking at my pedals, shuffling around in my seat, etc.

The officer rolled up beside me and asked me to pull over. While confused I asked why through my window. She explained she saw me on my phone. ( I dont understand how she can see that from her cruiser ). Regardless I allow her to pull me over and we exchange papers and words. She made a comment "What phone do you have?" I mistakenly said I have an iphone while opening my arm rest to display the phone inside the closed compartment so she can visually see. She responded with "Oh an iphone, okay". She also mentioned that the entire conversation would be recorded visually and verbally. I believe that comment was to get me to confess on being guilty - but since the discussion was recorded you can hear me open the container, explain it was inside the container and ask why is that important.

Is this something I can fight in court? I'd like to mention my car has apple car play, which gives me no reason to use my phone. To further this example, my car has no touch screen. Its all controlled through dials located in the middle of the car, at the height of my right leg. If i were to look at any of those controls for reference it would appear to be looking at my phone.

If this is something you'd like to take to trial, you can do so by selecting the appropriate option on the back and attending the courthouse. They'll give you a simple single sheet form to fill out (Notice of Intention to Appear). You can even download it online, fill it out, and submit it then and there to save you a couple minutes.

You'll wait until they send you a Notice of Trial letter in the mail. It'll have all the information regarding your trial date.

From there you can make a disclosure request. This will contain all the relevant evidence regarding your charge. For this, you'd probably just expect a copy of the officers notes. Every municipality has their own form you can fill out on their website. Depending where the offense occurred, they may let you submit this electronically and choose whether this is something you want emailed back to you or you can pick up a hard copy in person.

If at any point you held your device, whether you used it or not, it will be enough to convict. That's what you'll be defending yourself against here.

Good luck.