Going to Court for Distracted Driving Dispute

[pinnochio5]

Hello all,

I received a ticket for distracted driving in Edmonton and the fine is $287.

What had happened: phone was being used as a gps device fixed in place to the bottom of my dash. My girlfriend had accidentally knocked it out of place and I had to reach down to get it. In order to prevent myself from taking my eyes off the road and look down to search for it I had asked my girlfriend to reach over and look down for it. She found it, handed it to me and I put in back on the dash.

Cop claims to have seen me using it even though he was behind me and I have all my rear windows tinted so I already didn't understand that part. He was pretty abusive throughout the whole thing saying things to my girlfriend like "what the f--k are you doing leaning over to his side" and when we explained what had happened he was having none of it. He then lectured my girlfriend on wearing a seatbelt properly even though she just put it under her arm AFTER we were pulled over.

This criteria is from the Edmonton Police Service:

While driving, it is illegal to:

Use a hand-held phone while talking, texting and/or e-mailing
Operate electronic devices like video players and laptops
Manually program GPS units or portable audio players
Read or write
Engage in personal grooming

I did not use the hand held to talk/text/email nor did I operate it/manually program it. I was merely placing it back on the dash to use as a gps as I am not familiar with Edmonton roads.

Do I have a case if I take this to court?

[revelations]

Bring a picture of your GPS setup to show the court - obviously ask for disclosure.

[nismodrifter]

Fight it.

[gwill]

When asking for disclosure verify if the cop had a dash cam(unlikely unless it was RCMP) or a body cam. I'd also ask if they didn't that day if they normally did or ever did use them around your ticket.

I read a court case from someone else who glances at his phone but never responded to his txt... That distracted driving ticket was thrown out. My guess is if you went to the JP at the court house that they would throw it out immediately. Takes 5 min to do and avoids you waiting in court all day to fight a ticket.

You can also lodge a complaint with the professional standards branch(internal affairs) if you are upset at how you were treated. Also invest in a dash cam. The abusiveness from the officer is a perfect example why everyone should have one.

[max_boost]

Dunno bout Edmonton but in Calgary they reduced the fine by half and that was good enough for me.

[JRSC00LUDE]

Fight it, more and more of these extortion charges are getting tossed. The moment an officer walks up to your window turn your voice recorder on in the future.

[codetrap]

.

[cancer man]

Originally posted by codetrap
He probably thought you were getting a blowjob while driving and was distracted...

you know what i totally agree.

[Nitro5]

reading the TSA for section 115.1(1) it says holding a electronic device, so just holding it is a violation of the law if I understand it correctly.

That's how I remember it being described when it was put into effect on the news. It's written so the police don't have to prove you were using it, just holding it.


Cellular telephones, electronic devices, etc.
115.1(1) Subject to this section and the regulations made under
section 115.5, no individual shall drive or operate a vehicle on a
highway while at the same time
(a) holding, viewing or manipulating a cellular telephone,
radio communication device or other communication
device that is capable of receiving or transmitting
telephone communication, electronic data, electronic mail
or text messages, or
(b) holding, viewing or manipulating a hand-held electronic
device or a wireless electronic device.

[frizzlefry]

Originally posted by Nitro5
reading the TSA for section 115.1(1) it says holding a electronic device, so just holding it is a violation of the law if I understand it correctly.

That's how I remember it being described when it was put into effect on the news. It's written so the police don't have to prove you were using it, just holding it.



The law states "viewing" as well. So no viewing of any information display system in a car. Making many systems in cars illegal. IE they display an incoming phone number for your bluetooth phone. You view it and hit the ignore button. Illegal. You transmitted information. A GPS device transmits "electronic data" for traffic congestion. View it, illegal.

I don't disagree with the law's intention. I hate people that use their phones while driving. But the wording of the law is so vague that it's pretty much up to the officer on if they decide to issue a ticket at that moment. The wording of the law could be interpreted to include any sort of visual based system in a car that supplies/receives information. And almost every current gen car has one.

[spikerS]

Originally posted by Nitro5
reading the TSA for section 115.1(1) it says holding a electronic device, so just holding it is a violation of the law if I understand it correctly.

That's how I remember it being described when it was put into effect on the news. It's written so the police don't have to prove you were using it, just holding it.



I got pulled over the other day holding my box mod for vaping, and it is about the size of a cell phone. Cop came up and said i was getting a distracted driving ticket for being on my phone. My box mod is black, and I have a lime green iphone that was in my pocket. Cop walked away a little sheepish after I educated him on the difference lol