Ticket for driving with a cell phone
Oh… what a story down below… did the officer really did his job well ? Or is it the driver that refuses to cooperate ? You will be the judge… But what a ticket for driving with a cell phone… with some extras !
***********
Hello,
My boyfriend is a taxi driver. He was arrested today under the pretext that he was talking on his cell phone
will he was driving. The thing is that he doesn’t own a cell phone!!! He was frustrated and told the officer that he didn’t own a cell phone, but the officer didn’t want to hear anything. He ask the officer to search for a phone since he knew he was innocent, but the officer told him to “shut up” at many times.
He ask for his drivers licence and my boyfriend gave it to him. The officer went back in his car for a few moments, after a while he came back with 3 tickets :
- Illegal use of a cell phone
- For not giving the assurance papers of the car (when he didn’t ask for it and he if had asked for it, my boyfriend had them in the car)
- For not giving the registration plate papers (like in the second point, the document was not asked for and was also in the car).
We are Sunday October 18 2009 and it occurred at the end of the after-noon in Montreal today.
What should my boyfriend do? Should he contest, but how can he prove that he didn’t have a cell phone and that he owned the papers know that his ticket was delivered? The officer was patrolling alone and my boyfriend was also alone in his taxi.
He was really victim of an injustice !
Thank you to tell mw what I should do… for the moment, he is really pissed and frustrated that is why I am the one that wrote to you; he needs to react but who should he contact ?
Kathy
**********
My answer :It is completely unreal this story !!!
It seems that with all the emotions in the message, your testimony is real… However, the argument is easily rejected by the procurer: maybe he doesn’t own a cell phone, but was it the phone of a friend, his girlfriend maybe ? I am the devil’s lawyer… 
This being said, I propose you should start the contestation by filling out the response papers saying that you are not guilty. Ask for the communication of the proof (see top right menu to see how to proceed).
When you will receive it, you will have more information in your hands to see the explanations of the officer. You will learn some things.
If the proof is weak or seems to be unfounded, you could, if you are ready for it, go with your boyfriend to tell the facts :
- He doesn’t own a cell phone
- All the papers were in the car and were respecting the rules.
This being said… the amount on the table is probably considerable… About the fact that your boyfriend needs to represent himself (stress factor about talking to a judge and a procurer) plus the fact of the proof… it could be a wise decision to ask for a lawyer… Furthermore, if demerits points were giving with those tickets, you need to consider it very seriously… mostly that your boyfriend couldn’t afford to lose his licence…
Keep me updated on your process… you really have an interesting case !
**********
It's always better to be represented to avoid the worst.
Contact JusticeTicket.com, they can help you out for a low fee.
http://www.justiceticket.com
1 877 797-5410