OHTA.ca

Hi,

Today I received a hand held device ticket on Gardiner. I was pulled over by the police officer and told i was using my cell phone while driving but i never even touched my cell phone. He told me my hand was not on steering. I am sure i didn't touch the phone. The phone was on the right passenger seat connected to my car. I was using mobile gps which was on dashboard display and never touched it. If i was using other apps or texting the dashboard car display shouldn’t show the gps apps running. When the officer was there the gps was running on display. Also i can submit my phone log from my cell phone operator. What can i do. Your valuable suggestion will be highly appreciated

Your call logs wouldn't be considered.

You only need to be holding your phone for a conviction, whether you're using it or not.

So however you proceed going forward with your ticket, the argument will be whether you touched your phone or not.

Thanks for ur quick response.How to prove I was not touching phone. What will happen if the police cannot submit a proof or what proof he can submit?

In this scenario, it will be likely that the officer will say they saw you handling the device. That would be all the proof necessary for a conviction in most cases.

The officer would have wrote notes with the details of your stop. If you request a trial, you can make a separate request for the notes and they will be made available to you.

If you provide the address of the courthouse, I can give you the details on how to make that request.

If I go for early resolution will there any chance to dismiss the charge?

My court is 137 Edward street. Toronto south

They are not dismissing this charge out of the goodness of their heart. In fact, I don't believe this is a charge they even reduce since there's no relevant lesser charge.

You can still attend an early resolution meeting and if you don't like what you're hearing, you can request a trial if that's what you want.

If you request a trial, you'll wait to receive your Notice of Trial in the mail. It will give you your court date information.

From there, you can make a disclosure request and they'll provide you with any relevant information including the officers notes. The have generic forms you can fill out here under Disclosure Request Forms.