That's correct. If the officer saw you on your phone, he cited you for distracted driving. The officer does not need any pictures of you on your phone to fulfil the prosecution's burden of proof that you were on your phone.Zeknichov wrote: ↑ I just got a ticket for distracted driving for using a cell phone while driving.
I'm wondering what the level of proof required for this is. Is the cop said so all it takes?
If I plead guilty can I request all the evidence against me before the trial? If so, how do I?
The police officer already had someone pulled over and I believe he simply was looking back and saw me or thinks he saw me using a cell phone. It was a cold winter day but no sun, windshields were a little dirty and he was at a fair distance (like 50-75 yards). Is suggesting he didn't actually see what he thinks he saw given poor weather conditions and the officer himself distracted with the person he had pulled over enough of a defense or do our justices automatically assume the police officer is always right on what he saw? What's the bar?
You can request your disclosure before the trial by contacting your city's prosecutor's office. The disclosure will consist of the officer's notes and video. See here Your text to link here... for requesting disclosure in Toronto.
What you describe is something you can ask the officer if you were to take the matter to trial, but if you are found guilty, you'll have a major offense on your record which will have a significant impact on your insurance. Alternatively, the prosecutor will likely offer the substitute offense of start from stop not in safety, with a $300 fine if you plead guilty.