Automotive

advise needed on communication device ticket

  • Last Updated:
  • Jun 2nd, 2021 8:22 pm
[OP]
Jr. Member
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Aug 22, 2011
115 posts
8 upvotes
Toronto

advise needed on communication device ticket

Hi all, i got pulled over and a ticket for hand held communication device.
Situation: there is some traffic and i was driving home today after work. i was playing music and went to grab the phone and skipped a song. cop saw me and pulled me over and write a ticket $615.


what can i do in this case.
30 replies
Deal Guru
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Mar 23, 2008
12333 posts
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Edmonton
kiddking wrote: Hi all, i got pulled over and a ticket for hand held communication device.
Situation: there is some traffic and i was driving home today after work. i was playing music and went to grab the phone and skipped a song. cop saw me and pulled me over and write a ticket $615.


what can i do in this case.
There’s a whole thread on tickets and fighting them, but nothing you’ve said is any defence on that ticket. You’re not allowed to touch your phone. You can try to negotiate a deal, you can hire someone else to negotiate a deal, you can file for a trial and hope the COVID delays work in your favour.

In the end, you want to do whatever you can to not get this conviction on your record. So that means taking whatever deal you can make, because it will be better than this conviction. But if you take it to trial, you’re almost sure to lose, and you also have the possibility of the fine going up to $1000, as well as all the other fun that goes with this conviction.

C
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Oct 13, 2008
4951 posts
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kiddking wrote: Hi all, i got pulled over and a ticket for hand held communication device.
Situation: there is some traffic and i was driving home today after work. i was playing music and went to grab the phone and skipped a song. cop saw me and pulled me over and write a ticket $615.


what can i do in this case.
Learn from your mistakes and use a USB drive ... change songs using the controls on your steering wheel.

Advice versus Advise ... they are two different words ... one is a noun and one is a verb.
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[OP]
Jr. Member
User avatar
Aug 22, 2011
115 posts
8 upvotes
Toronto
if you lose the charge goes up to 1000?whats other "fun ' that goes with this conviction? im so nervous right now
CNeufeld wrote:
There’s a whole thread on tickets and fighting them, but nothing you’ve said is any defence on that ticket. You’re not allowed to touch your phone. You can try to negotiate a deal, you can hire someone else to negotiate a deal, you can file for a trial and hope the COVID delays work in your favour.

In the end, you want to do whatever you can to not get this conviction on your record. So that means taking whatever deal you can make, because it will be better than this conviction. But if you take it to trial, you’re almost sure to lose, and you also have the possibility of the fine going up to $1000, as well as all the other fun that goes with this conviction.

C
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Mar 23, 2008
12333 posts
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Edmonton
kiddking wrote: if you lose the charge goes up to 1000?whats other "fun ' that goes with this conviction? im so nervous right now
You need to do more reading on this.

If convicted, this is what you win:
  • a fine of $615, if settled out of court (includes a victim surcharge and the court fee)
  • a fine of up to $1,000 if a summons is received or if you fight the ticket in court and lose
  • three demerit points
  • 3-day suspension
And that doesn't include the bending over that your insurance company will do to you. Without knowing your driving record, there's a better than insignificant chance that your insurer decides they no longer wish to insure you. Some insurers will, some won't. If nothing else, you could be looking at a 15% or greater insurance hike.
https://www.lowestrates.ca/blog/auto/ho ... -insurance

C
[OP]
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Aug 22, 2011
115 posts
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Toronto
im with TD, clean driving record. im so worried about the insurance now...
CNeufeld wrote: You need to do more reading on this.

If convicted, this is what you win: And that doesn't include the bending over that your insurance company will do to you. Without knowing your driving record, there's a better than insignificant chance that your insurer decides they no longer wish to insure you. Some insurers will, some won't. If nothing else, you could be looking at a 15% or greater insurance hike.
https://www.lowestrates.ca/blog/auto/ho ... -insurance

C
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May 31, 2008
196 posts
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kiddking wrote: anyone know the impact on the insurance? This is my first ticket. can it be forgiven by my insurance company?
From what I remember from prior discussions on this subject, it depends on the insurance company. Some look at it as a major offence while others do not, but there is a chance at least that your insurance could increase by a lot. One source gives figures of between $600 - $3000, but it's really impossible to say without knowing all the particulars.

This is something I would definitely hire someone to fight the ticket. And please, going forward don't take this risk again. Put your phone out of reach, even in the trunk if you have to. I don't think many realize how much of a big deal this is and yet I see it all the time while driving.
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Mar 9, 2007
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Think of the Childre…
Hire someone to defend you.

WOULD SOMEBODY THINK OF THE CHILDREN!!!
Deal Guru
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Mar 23, 2008
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Edmonton
kiddking wrote: im with TD, clean driving record. im so worried about the insurance now...
Not meaning to be an ass, but the time to worry about that was before you picked up your phone. At this point, all you can do is try some damage control.

And keep in mind that almost all paralegals will just focus on getting you a deal of some kind. They can’t do anything for you that you can’t do yourself. But because of the severity of the consequences of a conviction on this charge, you may want to try to work out a deal on your own, and hire someone if that falls through. Or just hire someone from the start, if you have concerns about your ability to negotiate.

Good luck.

C
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Sep 10, 2008
8377 posts
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Kitchener
CNeufeld wrote: And keep in mind that almost all paralegals will just focus on getting you a deal of some kind. They can’t do anything for you that you can’t do yourself. But because of the severity of the consequences of a conviction on this charge, you may want to try to work out a deal on your own, and hire someone if that falls through. Or just hire someone from the start, if you have concerns about your ability to negotiate.
AGREE 100%

The paralegals will just try to cut a deal with the prosecutor (which you can do on your own - but sounds like the expensive route in this case). There's a 99% chance you LOSE in court and you'll end up paying the $1000 fine (cops don't need ANY evidence for the judge to find you guilty - even if you have a witness).

I'd just pay the $615 and don't say anything to your insurance company for the next few years (hopefully they don't check).
Jr. Member
Oct 16, 2019
174 posts
88 upvotes
I read somewhere that touching your phone when driving is indisputable, that's why whenever I need to touch my phone, I make sure there is no police car, unmarked car, bus, police officers, plainclothes before I touch my phone can't be too careful.
Sr. Member
Jul 16, 2019
957 posts
430 upvotes
Kingsmen17 wrote: Yeah they hide in buses as well LOL
They do. Two Canadian police services (from media reports) have sent officers on buses because of the vantage point and because no one expects them there. A trailing police car will pull you over once the officer on the radios them.
Sr. Member
Mar 22, 2004
553 posts
327 upvotes
London, ON
Curious: "hand held communication device.". Does that mean that walkie talkies and CB radios are illegal now? We used to use walkies on car rallies.
Deal Fanatic
Aug 29, 2011
6431 posts
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Mississauga
ncnmra wrote: Curious: "hand held communication device.". Does that mean that walkie talkies and CB radios are illegal now? We used to use walkies on car rallies.
A handheld radio technically yes. But if the radio is permanently mounted that can be an exception.
Sr. Member
Mar 22, 2004
553 posts
327 upvotes
London, ON
These laws are brutal. So if I want to use an FRS radio while on a car rally with friends, I should attach a chain to it and bolt it to the floor?

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