OHTA.ca

Hi there. Back in October 2019, I received a ticket for driving while holding my cellphone (ticket states "drive, handheld device"). I was using voice to text while my phone was in the centre console but when I approached the red light, it wasn't capturing my voice so I lifted my phone so the speaker could hear my voice.

Anyway, I opted for an early resolution meeting because I honestly cannot afford to pay the ticket in full on the spot. I was on maternity leave when I received the ticket. I work now however 80% of my paycheck goes to daycare (I get paid weekly and I am left with $100/week to cover groceries, diapers and other bills). I called the Halton court services and someone instructed me to go Early Res to get help to pay it.

I just need some advice about the Early Res meeting. It's in 3 days. I've never been in trouble like this before and it's been keeping me up at night because I'm so stressed about it.

Thank you.

If you explain your financial situation, they can stretch out the payment over the course of several months rather than one immediate payment.

I am also really nervous about the license suspension. I take my kids to and from daycare and I live in a completely different city than my family so I can't use them to go and pick up my kids. My boyfriend, their father, works later shifts so I pick him up a few hours after getting the kids (we sold our cars to get 1 large family car).

The suspension wont be negotiable.

Any handheld device conviction now comes with a 3 day suspension for fully licensed drivers on a first offense.

Only way around this is to be offered a reduced charge that isn't handheld device. Problem is they don't typically offer a reduced charge because there is no lower equivalent.

Don't be disheartened, just go ahead with your ER meeting. If they don't reduce the charge, opt for trial. I was recently at trial for a speeding ticket and observed quite a few violators were offered alternate charges with around $300 fine. You might be able to request a payment plan from the JP... exercise your rights, don't give up.

Good luck.

Chenco

allysoflyy wrote: ↑Sun Jan 12, 2020 3:32 am

Hi there. Back in October 2019, I received a ticket for driving while holding my cellphone (ticket states "drive, handheld device"). I was using voice to text while my phone was in the centre console but when I approached the red light, it wasn't capturing my voice so I lifted my phone so the speaker could hear my voice.

Anyway, I opted for an early resolution meeting because I honestly cannot afford to pay the ticket in full on the spot. I was on maternity leave when I received the ticket. I work now however 80% of my paycheck goes to daycare (I get paid weekly and I am left with $100/week to cover groceries, diapers and other bills). I called the Halton court services and someone instructed me to go Early Res to get help to pay it.

I just need some advice about the Early Res meeting. It's in 3 days. I've never been in trouble like this before and it's been keeping me up at night because I'm so stressed about it.

Thank you.

I'm in a similar position. What did the prosecutor say? I need to know whether I should even bother to ask for mercy.

Prosecutors can't lower the fine, the points nor the suspension period. The set fine on Drive Handheld is already at the minimum and the Ontario Court of Appeal has decided that the minimum penalty is the base (re: the Henry of Pelham decision).