Texting ticket? - Page 2

propr'one · 10-27-2012, 06:32 PM

so i have a question: If my cellphone is in a cradle mounted on my windshield (*not* handheld), can i text while driving?

Bullet Ride · 10-27-2012, 06:55 PM

Quote:

Originally Posted by propr'one

so i have a question: If my cellphone is in a cradle mounted on my windshield (*not* handheld), can i text while driving?

Sure. And if you get pulled over just tell them you were programming the GPS.

propr'one · 10-27-2012, 07:33 PM

i'm asking what's legal. Its very hard for me to text/email while driving without being seen as my car has no ruf.

Bullet Ride · 10-27-2012, 08:24 PM

Quote:

Originally Posted by propr'one

i'm asking what's legal. Its very hard for me to text/email while driving without being seen as my car has no ruf.

None of it is legal while driving. The only way you can operate some sort of hand held electronic device legally while in your car is if you pull off of the road and and car is not moving... or if you are driving a police car

Nick_V · 10-27-2012, 08:59 PM

Whether or not you fight it, the only outcome that matters, insurance-wise, is if you get it dismissed. Getting it reduced is ok for your wallet short-term, but it still counts as a minor conviction on your insurance. Points don't mean shit, either, as far as insurance goes. Most companies will let one minor conviction slide without bumping your rates, but a lot will cancel you for having two. So, either you just pay it and hope to not get another conviction in the next three years, or you fight it and hope it gets dismissed. It's not worth it to pay to fight it for a reduction - some paralegals will guarantee a dismissal or your money back. That's what I'd look for.

propr'one · 10-27-2012, 09:40 PM

Quote:

Originally Posted by Bullet Ride

None of it is legal while driving. The only way you can operate some sort of hand held electronic device legally while in your car is if you pull off of the road and and car is not moving... or if you are driving a police car

if its mounted to my dashboard, its not handheld.

Bullet Ride · 10-27-2012, 09:57 PM

Quote:

Originally Posted by propr'one

if its mounted to my dashboard, its not handheld.

Well the HTA states...

Quote:

Wireless communication devices
78.1 (1) No person shall drive a motor vehicle on a highway while holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or text messages. 2009, c. 4, s. 2.

So no, even if it's mounted you can't use it.

Blackedout95 · 10-27-2012, 10:15 PM

Correcto

blakneto · 10-27-2012, 10:34 PM

Fight it... Have the cop prove his case... Best situation is he doesnt show up.
There are no points for this, but the ticket will be on you record for 3-6 years and cost you waaaaaaaaaay more... Maybe reduce the fine, but you want the ticket gone from your record.

You did admit it though... So you screwed there...

propr'one · 10-27-2012, 10:52 PM

Quote:

Originally Posted by Bullet Ride

Well the HTA states...

So no, even if it's mounted you can't use it.

Thanks, that's what i was looking for.

ChrisTO · 10-27-2012, 11:01 PM

never plead guilty if you go to court. the court doesn't really care about excuses. at the end of the day as others have stated you want the ticket dismissed / dropped.

bargaining with the prosecutor on the day of the trial for a lesser fine is still an infraction no matter what and insurance doesn't care if it's a $10 fine with no points or $300 fine with points. It's still an infraction. The points determine if it's a minor or major...etc. but either way you are toasted on insurance rates.

the way I see it you have a few options:

1 - ask for full disclosure document. you must ask for this a few times. and hope that you don't get it.
2 - if you never receive the documents - you are in good shape and on day of trail - state you never received disclosure.
3 - if you do receive the disclosure documents see if it's completely water tight.
3a - you can try to fight it day of given you know their argument against you or observation against you. remember - you are not guilty till proven. it's not the other way around. this is a key point. if you go in with the mind set that you are guilty you won't win.
3b - a stay is the best option. crown doesn't lose a case and you don't get charged.
4 - you can hope the cop doesn't show up day of. but don't count on this. cops are now required as part of regular duty to be present.

read through this website...it will definitely put you in better situation to win.
http://www.ticketcombat.com/step4/step4.php

SiR · 10-29-2012, 10:07 AM

why did you admit to him you texted?

lvan · 10-29-2012, 07:21 PM

Quote:

Originally Posted by Bullet Ride

Well the HTA states...

So no, even if it's mounted you can't use it.

I was about to say so. I mean even when you start typing in on the screen, the person behind you will notice that you are not paying attention on driving.

hockeyfan27 · 10-30-2012, 11:24 AM

Quote:

Originally Posted by Nick_V

Whether or not you fight it, the only outcome that matters, insurance-wise, is if you get it dismissed. Getting it reduced is ok for your wallet short-term, but it still counts as a minor conviction on your insurance. Points don't mean shit, either, as far as insurance goes. Most companies will let one minor conviction slide without bumping your rates, but a lot will cancel you for having two. So, either you just pay it and hope to not get another conviction in the next three years, or you fight it and hope it gets dismissed. It's not worth it to pay to fight it for a reduction - some paralegals will guarantee a dismissal or your money back. That's what I'd look for.

I haven't see many companies cancel based only on 2 minors. 1 minor will cost you the conviction free discount (if you had it previously) 2 can earn you a surcharge. NOW, if you add an at fault accident to those 2 minors - that can get you non-renewed/cancelled. That is why its important to fight the conviction. Not because you are trying to preserve your discount or dodge a small surcharge, but to keep some wiggle room on your record for a future situation.

Quote:

Originally Posted by blakneto

Fight it... Have the cop prove his case... Best situation is he doesnt show up.
There are no points for this, but the ticket will be on you record for 3-6 years and cost you waaaaaaaaaay more... Maybe reduce the fine, but you want the ticket gone from your record....

Any conviction is off your record 3 years from the date you are found guilty. (either the offience date - if you just pay it, or the court date) Only suspensions/cancellations are 6 years.

Nick_V · 10-30-2012, 11:52 AM

Quote:

Originally Posted by hockeyfan27

I haven't see many companies cancel based only on 2 minors. 1 minor will cost you the conviction free discount (if you had it previously) 2 can earn you a surcharge. NOW, if you add an at fault accident to those 2 minors - that can get you non-renewed/cancelled. That is why its important to fight the conviction. Not because you are trying to preserve your discount or dodge a small surcharge, but to keep some wiggle room on your record for a future situation.

Thanks for clearing that up. I do have an at-fault accident from nearly ten years ago (thank god it's finally coming off soon), so that was probably what my broker meant when explaining it to me.