thanks in advance for your time and willingness to share your knowledge.
My situation is:
Received a careless driving ticket for $490 while on the 404 going Northbound. I was driving in the most left lane--the fast lane. Had pain in my right eye suddenly. It was really bothering me, and at the time I had a really nasty cold sore that I wouldn't stop touching because it made me feel so self-conscious. That week, I remember being haunted by the thought of getting ocular herpes while excessively researching how to heal and treat cold sores so I wasn't going to pick at my eyeball with any of my fingers--while the sores are draining fluids, they are extremely contagious. At the moment, I thought it would be smart to try and remove what I thought was an eyelash in my right eye with a pen I had handy in my glove box. Rubbing my eye with my wrist would've removed my eye make-up that I had on. I understand why it looks like I was applying make-up to the cop, I had my mirror down too.
I didn't believe that I was doing anything wrong. In fact I thought driving with one eye closed was dangerous so I began to merge into the next lane on the right because I was going to drive slower and more cautious with this eye bothering me, heading for the shoulder to stop. (Does this help prove that I wasn't driving "without reasonable consideration for others" while on the road?) This is when I noticed a big black truck was following behind me really closely from my rearview mirror. Then suddenly he turned on his police lights and motioned me to pull over. When stopped, he tells me that applying make-up while driving with your visor down isn't the appropriate venue, and hands me my ticket, after seeing my license, ownership and insurance.
Concerns and other points to note:
- Don't know how long the OPP cop was watching me for (notes might say 18m unobstructed view). He was in an unmarked black, giant pick-up truck, similar to Ford F150 or maybe it was just a SUV.
- I don't recall if he drove beside me first and some point, or just saw me from behind
- Sent my disclosure early January, got my ticket late October. Trial date a little over 12 months since ticket was received. Received disclosure 2 months ago.
- Asked specifically for dash-cam video footage and typed notes with clarification if short form was used (it was).
- My trial date is less than 15 days away, so I've missed my chance to apply for a stay with improper disclosure.
- For some reason I can recall there was someone in the passenger of the cop's truck, another cop? So I asked for witness statements too.
- In the disclosure the cop notes that I slapped the visor with the light up when I was being pulled over--I did, not because I was guilty but because I knew it looked bad.
- He also notes that I didn't have tinted windows
- He says he saw a cosmetic pencil, it was just a pen I keep in the glove box
- Can I argue that if I wasn't a young female he would not have pulled me over? He would not believe that a male driving would be "applying cosmetics".
- I have cellphone photos of the cold sore and would be happy to show my browser history to prove my logical of action
- I keep my purse in the backseat and do my make up at home in the morning.
Would be happy to send you the disclosure which was a scan of his notes. They were pretty detailed but not completely legible.
Any insight you have about my case would be much appreciated.