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Cell Phone Ticket
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Author:  gtrguy [ Fri May 06, 2011 9:50 am ]
Post subject:  Cell Phone Ticket

So, got stopped yesterday for speeding (which I was 70 in a 50 zone) and the officer tells me he's also giving me a ticket for talking on my cellphone while driving which I wasn't- my phone was in my pocket.

I'm disputing the ticket and have my court date arranged- anyone here fought one of these tickets before? I'm thinking my cell phone bill should provide ample evidence that I wasn't using it at the time but if that doesn't count I guess it's his word versus mine.

Author:  Hali_Newf [ Fri May 06, 2011 10:17 am ]
Post subject:  Re: Cell Phone Ticket

his word means nothing if you can prove that you were not on your phone. You need to get your phone records to do that - ie: list of calls placed for the month. You will pay a small fee for the print out , but it will save you alot of money - not to mention show the cop he was an incompetent ass for issuing that ticket to begin with in front of the whole court room.

As for the speeding ticket, ask for a lesser charge and have the gun tested in court. More often than not, when its pointed at a chair it will read a few km's per hour, if it does, you are off scott free.

make sure to update this thread on how it worked out for you.

Author:  gtrguy [ Fri May 06, 2011 1:37 pm ]
Post subject:  Re: Cell Phone Ticket

Hey Hali_Newf, I've got no problem with the speeding ticket. I've already paid it... I was doing 70.

I'm curious about the phone records thing- sounds like something different than just my phone bill? I actually called Bell Aliant about it yesterday and the CSR I spoke to seemed to think the bill was the only record available to me, but perhaps she didn't really know what she was talking about...

Author:  Topsecret66 [ Fri May 06, 2011 1:49 pm ]
Post subject:  Re: Cell Phone Ticket

Don't bother to get the record in court. It doesn't hold water due to doing other things on the phone (ie: checking old email) messages.

Mind you. I have been in court a lot on driving infractions when I was young and gotten off all of them but one. Funny enough the one I lost was because I was telling the truth.


Personally. Attack the cops credibility. It's court and it's not illegal. Inquire on questions about the incident and about particulars you know he will get wrong. It's a cell phone. It's hard to see and identify.

If you can swallow your pride say you pick your nose with a fist and one finger protruding. IF you have the nuts to say something embarassing like that. I guarantee 100% that your gonna walk.

Author:  gtrguy [ Fri May 06, 2011 2:24 pm ]
Post subject:  Re: Cell Phone Ticket

Interesting on the phone record thing... though I don't do email or anything else on it... this is a 6 (or 7?) year old Samsung. It doesn't do much of anything.

Having never been in this situation before, how's it work? Do I actually get to cross examine him? Does the Crown represent him?

Author:  Topsecret66 [ Fri May 06, 2011 4:57 pm ]
Post subject:  Re: Cell Phone Ticket

Yep.

You are allowed to since you will eb representing yourself.

You can pretty much ask what you want and privide any proof. IT's pretty easy just a nervewrecking process trying not to look like a wanker in front of 50 or so people in the same situation.

Author:  Topsecret66 [ Fri May 06, 2011 4:58 pm ]
Post subject:  Re: Cell Phone Ticket

They say what your charged for. You can then change your plea or stay not guilty.

They go over what the officers statement is and then you can say whatever you need to.


Pretty simple process. Some judges in nightcourt are absolute douchebags though. But considering the justice system in NS. It's typical.

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