Sometimes officers can arrest us and give us a ticket for using our cell phone, when it is the passenger that uses the phone ! How apply the law and how defend ourselves… can we defend ourselves ?

Anthony worries…

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Hello,
Friday night, near 10pm on Sherbrooke Street, I got pulled over by two officer, they told me that I was talking on my cell phone. I was in the traffic and my friend next to me in the passenger seat was playing with his cell phone and he showed me a picture on his phone by putting it up to my head on the right side and the officer taught I was using a cell phone !

I didn’t say anything to the officer, I didn’t want to argue since I was nervous, I am 18 years old and it was the first time that I got pulled over, but sincerely I think the officer didn’t see the situation. He was in the left lane, I was in the right lane and I believe that with the darkness he only saw the cell phone up to my head and taught that I was talking! I am not even sure that he was convinced since he suggested me to contest in court to keep all my points until I got my complete driver’s licence (I will have my complete licence in march 2010).

What should I do ? It is completely unfair, they were two in the police car, I don’t know if I really stand a chance or if the judge will think my story is complete non sense and I would be forced to pay the court fees too! What could you suggest me ? I didn’t ask yet for the communication of the proof (I saw that in your article) since it is better to wait a few weeks, but I would like to know if the officer’s report help or not the contestation !

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My answer : (more…)

Ah ah ! A sad ticket… An other cell phone story…

Émilie wasn’t talking on her phone in her car… but she got caught anyways.

Here is her story : arrested for cell phone behind the wheel
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Hello,

I just got arrested, 2 days ago for cell phone behind the wheel 2 questions :

1-If I was on the free hand option and that I was holding my phone in my hand in order to put it on the passenger seat to continue the call, is the short moment that I hold my cell phone really an infraction ?
2-On the ticket, there is a major error. My first name is Émilie and it is written Amélie. Can I contest with this error ?

What is the process that I should take to prepare a good pleading ?

Thank you !

May 30th
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My opinion : (more…)

The law is very clear about this subject… even if the population comprehension is harder… But the police application is very simple… Here is the story of somebody who got a ticket for taking a look at my cell phone… However, this is not what is written on the ticket…

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I got a ticket since I supposedly used my cell phone according to the officer !!!

I didn’t use my cell phone, I looked at my cell phone and put it back in my purse, but I believe he saw me do this.

Should I contest it proving with my cell phone account that show all the calls made and received????

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My opinion: (more…)

Poor Lorena… not only one, but two bad lucks… More then just a ticket for using her cell phone while driving, in front of her home, the officer adds one ticket for not having the registration papers with her…

Sights…
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Hello,
I got arrested for talking on my cell phone while parking my car in my drive way… 152$

The car I was driving was my friend’s car, she told me that the papers where in the car, in the glove box. The officer asks me the registration papers, but I couldn’t find them. I give him all the papers I could find and told him this was my friend’s car, and that I didn’t know where the paper was.

Finally, he gave me a ticket for not having in the car the registration papers. He leaves and I continue searching and found the darn paper. I went to see the agent that was stopped at the red light a little further away and told him that I found the paper. He told me it was to late, that the ticket was filled and that I could contest.

Do I have any chances of winning if I contest the second ticket ?

Thank you.

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My opinion: (more…)

Gaston made the mistake to answer his cell phone while driving on a boulevard… He told the person on the other end of the line that he will call him back when he’ll be at his office… of course… Murphy law’s occurs… a police officer saw him and pulled him over in order to give him a ticket for talking on his cell phone while driving… what can he do?
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I forgot to put on my Bluetooth… and my cell phone rang and I saw on my visual display that it was an important customer, I preferred answer him and tell him that I was going to reach him later then trying to put on my hand free device… I didn’t even talk for a minute on the cell… I really taught the officer was cranky!!!

Can I contest the ticket?
Thank you
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