The passenger use his cell phone



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 :First of all, you will have to remember that the la and judges are there to protect us (!?!?!). Then, judges usually make use of their good judgement. Furthermore, we also know that young ones are mostly delinquent with the laws in general…

About the police report, it can only help you… the judge will also have that report… you must ask for it in order to prepare your defence well. It is a must!

Like I already mentioned it in other articles, here is the 439 article of the road safety code :
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439.1. A person can’t, while driving a vehicle on the road, use a hand device with a telephone function.

Presumption.
For the application of the article, the driver that has in his hand a device with the function to make a call is presumed to make use of it.
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So in your case, you didn’t go against the law. That is final. If your friend can go and testify in court the same story than yours, it could really help your case.

About the fact that you were nervous when the officer pulled you over, that is totally normal… In court, be more relaxed. Dress well, talk to the judge only when you are asked. Tell your story very simply… don’t talk about the officer or the fact that you don’t have your complete licence. Stay focus on the facts:

You didn’t have a cell phone in your hands, it was your friend.
They was no phone call
He showed you for two seconds a single picture
You understand that it was not very prudent and that it could have make you lose focus, but not more than if it was a paper picture in his wallet…
And that according the article 439, you didn’t go against the law…

With this I believe that the judge will think that you may be right and will void the ticket.

Good luck and keep us up date with some new…


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One Response to “The passenger use his cell phone”

  1. sebastien M Says:

    if possible bring your friend to court
    normally friend are not of great value in court
    but if you don’t look like weird drug dealer in court that could help

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