Quantcast
Going to Court for Distracted Driving Dispute - Beyond.ca - Car Forums
Results 1 to 11 of 11

Thread: Going to Court for Distracted Driving Dispute

  1. #1
    Join Date
    Oct 2011
    Location
    AB
    My Ride
    2013 Civic LX
    Posts
    38
    Rep Power
    0

    Default Going to Court for Distracted Driving Dispute

    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?

  2. #2
    Join Date
    Apr 2008
    Location
    calgary
    My Ride
    CLK 55 / 2g Eclipse / EP3
    Posts
    4,423
    Rep Power
    21

    Default

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

  3. #3
    Join Date
    Jun 2002
    Location
    BC with a 403 phone # for life yo
    Posts
    5,209
    Rep Power
    29

    Default

    Fight it.

  4. #4
    Join Date
    Oct 2014
    Location
    alberta
    Posts
    255
    Rep Power
    9

    Default

    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.
    Last edited by gwill; 07-11-2015 at 04:09 PM.

  5. #5
    Join Date
    May 2002
    Location
    Triangle
    My Ride
    Lexus
    Posts
    10,323
    Rep Power
    43

    Default

    Dunno bout Edmonton but in Calgary they reduced the fine by half and that was good enough for me.
    Conversations like this can be intense.

  6. #6
    Join Date
    Jun 1987
    Location
    SK
    My Ride
    Fit Dugan Signature (2016)
    Posts
    3,233
    Rep Power
    94

    Default

    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.
    Originally posted by SJW
    Once again another useless post by JRSCOOLDUDE.
    Originally posted by snowcat
    Don't let the e-thugs and faggots get to you when they quote your posts and write stupid shit.
    Originally posted by JRSC00LUDE
    I say stupid shit all the time.

  7. #7
    Join Date
    Jul 2006
    Location
    Calgary
    My Ride
    FJR1300/2018 Giant Trance 3
    Posts
    1,649
    Rep Power
    17

    Default

    .
    Last edited by codetrap; 01-01-2017 at 11:03 AM.

    "We need a vaccination for stupidity, with booster shots against an unwillingness to learn."

  8. #8
    Join Date
    Feb 2009
    Location
    Calgary
    My Ride
    Saab 9-5
    Posts
    332
    Rep Power
    15

    Default

    Originally posted by codetrap
    He probably thought you were getting a blowjob while driving and was distracted...
    you know what i totally agree.
    http://upload.wikimedia.org/wikipedia/en/3/34/The_Smoking_Man_(X-Files).jpg

  9. #9
    Join Date
    Jul 2012
    Location
    Alberta
    Posts
    31
    Rep Power
    0

    Default

    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.

  10. #10
    Join Date
    May 2010
    Location
    Calgary
    My Ride
    8P 3.2
    Posts
    50
    Rep Power
    0

    Default

    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.

  11. #11
    Join Date
    Oct 2006
    Location
    Parked in Baygirl's garage.
    My Ride
    '21 F150 PowerBoost
    Posts
    4,570
    Rep Power
    26

    Default

    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
    Boosted life tip #329
    Girlfriends cost money
    Turbos cost money
    Both make whining noises
    Make the smart choice.

    Originally posted by Mibz
    Always a fucking awful experience seeing spikers. Extra awful when he laps me.

Similar Threads

  1. Distracted Driving law now in effect

    By TimG in forum Society / Law / Current Events / Politics
    Replies: 223
    Latest Threads: 09-13-2011, 08:21 AM
  2. Distracted driving accident stories?

    By GREENBOY in forum Society / Law / Current Events / Politics
    Replies: 17
    Latest Threads: 08-25-2011, 02:37 PM
  3. How good are you at driving while distracted?

    By richardchan2002 in forum General
    Replies: 49
    Latest Threads: 11-16-2008, 03:17 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •