Texting and Driving Ticket

[allhorsesaresamecolour]

If you get a ticket for "using an electronic device while operating a motor vehicle", and you dispute the ticket, how can the cop prove you were using your cell phone in court?

I never text and drive or talk on my cellphone but what if you're using your phone/ipod to play music in your car and a cop catches you while you're changing the song or something? You could bring your cell phone records to prove you weren't texting or talking, and you'd deny having used an electronic device. How could the cop prove you were using it? It'd just be your word against his.

 

[Cock Throppled]

You're still using an electronic device.

If he saw you using it you're rightly fucked.

 

[pokemon]

Using an electronic device to play music while operating a vehicle is prohibited.

The electronic devices caught by the legislation are:

(a) electronic devices that include a hands-free telephone function;

(b) global positioning systems;

(c) hand-held electronic devices, one of the purposes of which is to process or compute data;

(d) hand-held audio players;

(e) hand microphones;

(f) televisions.

Use of an electronic device includes just viewing the screen.

 

[badbadboy]

I got dinged for reading an email at a red light. I tried to get out of it but all she said was see you in court.

$147 poorer

 

[1nitestan]

It's a stupid law but would you rather be dinged for 6pts on your license for "driving without due care and attention"?.

I fail to see how much more/less distracting a hand held device is vs. the current in-dash touch screen interfaces on almost all new cars. Some of them are pretty convoluted when you're trying to adjust climate control settings.

 

[Cock Throppled]

I was behind a woman at a light who didn't proceed when the light turned gree.

I honked and she shot forward, then I could see her constantly looking down as she sped up and slowed down obviously texting.

She had no clue what was happening around her.

You might not like the law, but I don't fucking care. Drive and pay attention.

 

[luvsdaty]

Smart phones haven't been around all that long, but in that short time I've witnessed three rear enders from people who were occupied by them and not paying attention to the road. It's just like any other distraction and should be dealt with accordingly. I heard a rumour going around that their trying to bring in legislation to start confiscating personnel devices from people who have been charged more than once for this offence.
Guess it's just a matter of time seeing's how people can't control themselves when it comes to their phones.

 

[allhorsesaresamecolour]

First off If your phone texting records (yes they will bring them into court. Say that you were on your unit texting at that time or calling without a hands free device. Boom Ticket.

Because it's the LAW.

http://www.pssg.gov.bc.ca/osmv/shareddocs/electronic-devices-while-driving.pdf

Cop saw you with the device in your hand just as SIMPLE as that. This just in Police deliver their comments in court it's up to the Judge to believe the Police Officer or you.. hmmm who is he gonna pick... I wonder.

Thanks everyone for your replies. I understand that it's illegal and never do it myself but my question is how a cop can prove this in court. If I'm just changing songs, my phone records will be clean at the time so it will just be my word against the cop that I was using an electronic device.

Also why would the judge automatically take the cop's word over mine? Sounds more like what happens in a dictatorship and not in a democracy.

 

[PlayfulAlex]

I love driving and, unlike most people, will admit that, when possible, I like to do a few other things while driving. This has been the case long before all this technology came along, so I believe that it's about individual skill, talent, and ability...either you have it or you don't. And, if you don't, yeah, get off the road!

But I use the tools that are available to continue to be a safe driver:

For me, Siri is a God-send. Between talking GPS, and communicating by text, phone, or e-mail with Siri's help, I am super comfortable driving while still getting a few things done, thanks to my ear buds and some great technology. Am I as focused on the road as if I was doing none of those things? One could argue, perhaps not. But I am no less focused than I would be if I was eating a banana (a common activity while driving) or changing radio stations (remember when we used to do that?)! I once had a work colleague that would read while driving.

Driving inherently requires multi-tasking, which some people can do, admittedly, better than others. That's just a fact. So I can listen to my favourite playlist, while listening to the GPS instructions, while taking incoming calls...all the while concentrating on the road and the other drivers. It's really quite fabulous!

My comments about using Siri with more success than this dumbass:

* Speak clearly; Siri doesn't understand mumbling or rapid-talk; if you really want your text to go through correctly the first time, don't mumble and then blame Siri. And if she gets it wrong, suck it up and try again. It will happen.

* Siri isn't perfect, I'll grant that. But neither is auto-correct. So we're dealing with technology that can do some amazing things but quit expecting perfection.

* Sometimes the way you've saved the address in your contacts confuses her. Check that out (at the side of the road) before you blame Siri for not finding the place. Like in New Westminster, for example, she will not take you to the right place if you've got it labelled as 6th Street and the sign says Sixth Street.

* Making sure that addresses in your contact list include postal codes seems to help in finding the exact location of your destination.

* If you were in an area that was completely unfamiliar to you, again, Siri just isn't perfect. There are times when there is roadwork, for example, and Siri will tell you to make a turn where there isn't one, due to a detour or a re-direction of the traffic. But she'll try again and again, constantly re-routing, to help you get back on track.

* There are times when Siri's pronunciation is off, which can be confusing to a newcomer to the area.

* And how about you not make your first attempt with Siri in bad weather, in heavy traffic, while you're trying to get somewhere on a deadline. Sheesh! Like with any technology, take your time and practice when your needs aren't urgent!

 

[VanessaofBC]

I have decided that:

We need more things that are voice activated.

GO, GO GADGET GO!

 

[Flanders]

Thanks everyone for your replies. I understand that it's illegal and never do it myself but my question is how a cop can prove this in court. If I'm just changing songs, my phone records will be clean at the time so it will just be my word against the cop that I was using an electronic device.

Also why would the judge automatically take the cop's word over mine? Sounds more like what happens in a dictatorship and not in a democracy.

In any disputed ticket, the police officer who issued the citation becomes a witness of the Crown. So in any "their word against mine" situation, the fact that the Crown has trained them & authorized them to enforce the Crown's law breaks the tie. And usually, not in your favor. The crown will ask the officer to prove your guilt; and the officer witnessing and swearing that they saw you fiddling with your device is enough proof for the Crown. Now the onus is on you to discredit the police's testimony. Get the full disclosure report of the ticket before paying. This will have all the officer's notes that aren't on the issued ticket. Comments about everything from your attitude to why they pulled you over in the first place. This is key knowledge to have if you are building a defense.

Or, just pay the fine and quite fucking about when you should be driving.

And BTW, Canada hasn't been a "democracy" for a couple generations now (but it's still better than the alternatives).

 

[hiddencloud]

I have decided that:

We need more things that are voice activated.

GO, GO GADGET GO!

Having spent some time with an Xbox One and the new Kinect, I'm going to have to disagree. Go back to buttons and remotes please.

 

[Ms Erica Phoenix]

I remember back when children were used to perform some of these tasks. Parents would make their children get up off the couch, walk all the way over to the radio or TV and adjust the volume or channel. If your family was really poor and couldn't afford cable, children were sometimes required to stand beside the TV for hours, holding the rabbit ears in place.

"When I was a kid, I WAS the remote!"

 

[sdw]

In any disputed ticket, the police officer who issued the citation becomes a witness of the Crown. So in any "their word against mine" situation, the fact that the Crown has trained them & authorized them to enforce the Crown's law breaks the tie. And usually, not in your favor. The crown will ask the officer to prove your guilt; and the officer witnessing and swearing that they saw you fiddling with your device is enough proof for the Crown. Now the onus is on you to discredit the police's testimony. Get the full disclosure report of the ticket before paying. This will have all the officer's notes that aren't on the issued ticket. Comments about everything from your attitude to why they pulled you over in the first place. This is key knowledge to have if you are building a defense.


Or, just pay the fine and quite fucking about when you should be driving.

And BTW, Canada hasn't been a "democracy" for a couple generations now (but it's still better than the alternatives).

+1 The "Western Nations" are run for the benefit of the Corporations that pay for the campaigns to elect the politicians. A great example is the last BC Election, the "voter" got over loaded on "why" they had to vote for the BC Liberals. Result a 22% NDP lead is reversed and becomes a 8% BC Liberal lead. 30 points of movement once the media started dwelling on NDP campaign mistakes. The next federal election is going to be even more fun. It's going to be all about who gets the Corporate money - Liberals or Conservative.

 

[Ms Erica Phoenix]

+1 The "Western Nations" are run for the benefit of the Corporations that pay for the campaigns to elect the politicians. A great example is the last BC Election, the "voter" got over loaded on "why" they had to vote for the BC Liberals. Result a 22% NDP lead is reversed and becomes a 8% BC Liberal lead. 30 points of movement once the media started dwelling on NDP campaign mistakes. The next federal election is going to be even more fun. It's going to be all about who gets the Corporate money - Liberals or Conservative.

Meanwhile, I'm going to continue to wait and see what happens with the major market indices as a result of said corporations' stocks, to start buying physical metals again. I'd say that if gold closes over $1250 US today, I might be ready to buy some before the price rices too much more. I'll be buying silver too once I feel it's stable again.

 

[badbadboy]

In any disputed ticket, the police officer who issued the citation becomes a witness of the Crown. So in any "their word against mine" situation, the fact that the Crown has trained them & authorized them to enforce the Crown's law breaks the tie. And usually, not in your favor. The crown will ask the officer to prove your guilt; and the officer witnessing and swearing that they saw you fiddling with your device is enough proof for the Crown. Now the onus is on you to discredit the police's testimony. Get the full disclosure report of the ticket before paying. This will have all the officer's notes that aren't on the issued ticket. Comments about everything from your attitude to why they pulled you over in the first place. This is key knowledge to have if you are building a defense.

Or, just pay the fine and quite fucking about when you should be driving.

And BTW, Canada hasn't been a "democracy" for a couple generations now (but it's still better than the alternatives).

This is absolutely true. I got written up for running a Red in Richmond. It was barely yellow yet this officer wrote it up as a Red.

I went to court and plead Not Guilty. The Judge automatically started lecturing me about contesting the judgment of an RCMP officer. I accepted that but asked to view the officer's notes which he had not brought with him. The judge tried to reschedule but I protested that I had to take time off work and it was a huge inconvenience to revisit this a month later because I would be travelling etc. Case dismissed.

 

[sdw]

Meanwhile, I'm going to continue to wait and see what happens with the major market indices as a result of said corporations' stocks, to start buying physical metals again. I'd say that if gold closes over $1250 US today, I might be ready to buy some before the price rices too much more. I'll be buying silver too once I feel it's stable again.

These days the big fund managers have too big a share in the equity market. If a bunch of the big funds don't think the CEO of a company is extracting enough profit . . . they bash the stock. So, the big movements are all tied to expectations and the actual performance in the quarterly reports. Best time to sell, just before the quarterly report is leaked - usually a week before the report is released. Best time to buy, the day the quarterly report is released.

Other than some long term holds that have been good to me, I trade according to the financial reports. It no longer matters what the company makes.

 

[deathreborn]

funny how eating and driving is not covered. sometimes it's harder to steer chomping down a big mac, then it is holding a phone in one hand.

 

[pokemon]

funny how eating and driving is not covered. sometimes it's harder to steer chomping down a big mac, then it is holding a phone in one hand.

I think that may be caught by the "driving without due care" legislation.

 

[PlayfulAlex]

funny how eating and driving is not covered. sometimes it's harder to steer chomping down a big mac, then it is holding a phone in one hand.

Exactly my point! People have been doing many 'other things' while driving, since driving began! If you can eat a burger and drive safely, maybe you have the same multi-tasking skills that are required to use Siri while driving! ound: