Red light; grabbing cellphone while dazing off Corner of renfrew & grandview the light just turned red. I was taking my phone out of my pocket and i was just holding it while staring at mcdonalds dozing off, when an officer pulled beside me and ticketed me for just holding it. Is that really an offense, to briefly 'hold' the electronic device while the light is freshly red, or is it worth my time to dispute it? |
I think the bigger issue is you behind the wheel and dozing off. You may be able to dispute it, but you better have a better excuse than "I really wasn't planning on using it. I took it out of my pocket and dozed off at the red light." |
Yes, its on the link you posted yourself and I don't believe you'd win a dispute. The relevant parts are: Quote:
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Initially I literally took it out of my pocket and was gonna lie it down beside my bag (which was on my passenger seat), and then yeah; i saw a civic that was just flushed and i was busy staring at it struggling to get into mcdonald's parking lot. |
Taking it out of your pocket falls under "holding the device in a position in which it may be used". If your phone had no battery and was turned off you maybe could argue that it was not in a position in which it may be used? But somehow I don't think you'll be able to convince a judge to believe that. |
Yes, touching the cell phone can get you ticketed if seen by the officer even if you don't plan on using it. |
Last officer who gave me a ticket for texting and driving told me to keep it out of arms reach because If i do get pulled over they will assume it's in arms reach to be used. So he said put it in the glove box or center console.. :badpokerface: |
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The onus should be on the officer to prove that you were holding it in a way that permitted its use. IE - cradling it in the palm of your hand as if you were about to poke at the screen with your other hand. Take it to court, hopefully the officer will be able to describe in great detail exactly how you were holding it. |
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Secondly, to the OP, why would you take it out of your pocket and place it on the passenger seat with NO intention to use it? If you had no intention to use it while you were in your vehicle, there would be no need to have the phone anywhere within arms reach or in your hand. Oh wait!! You were preparing the phone for when you ran into an emergency where you had to use it to save someones life, or were trapped in your vehicle!!!! GOTCHA! |
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Don't worry though, I've replaced all interaction with my phone at red lights with brushing my hair, clipping my nails and swapping CDs. All completely legal and in no way distracting. |
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And now that you all know having your cell phone in your hand is illegal.. chuck it on your back seat or glove box so it won't "rattle" or cause "discomfort" |
No, having your cellphone in your hand isn't illegal. Holding it in a way it may be used is illegal. I'd be more than happy if the cell phone fine was $368 - blabbering on it and texting while driving is after all akin to driving drunk. Heck, expand the penalty to an IRP and impound. If you think "moving" your phone is the same as "using" or "operating" it, then you might need to rethink the issue. And why would it be unreasonable for the province to add "clipping nails" to the infraction list? They regulate everything else... |
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At the end of the day, the MVA doesn't outlaw moving the phone. |
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How about mounted on the Center Console like a GPS? |
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Sebb,....must be a lonley life being a Caped Crusader who didn't make the Avengers' draft cut. :fullofwin: |
If it's a flip phone and it was closed, it couldn't be used in that position. |
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Can you argue "I was about to call 911 because I thought I saw something dangerous to my right but changed my mind"? |
:fullofwin:You could also argue that you were rehearsing your role in a Star Trek revival show where you have to beam the crew back to the ship. |
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OP keep peanut butter in a plastic sandwich bag inside your undies Get pulled over, reach into peanut butter sandwich bag. Pull out hand covered in what appears to be feces, lick peanut butter. ....... End up in psychiatric ward but avoid getting ticketed profit? |
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