Q&A - Cell Phone Ticket
I was ticketed for disobeying a traffic sign (I absolutely did, take full responsibility for that one) and also for "contravening section 25 (15) of the MVA) which is violating the terms of my license (Class 7N, GLP program) by 'using a handheld device.' My problem is my phone was sitting in the centre console, completely dead, and i hadn't touched or looked at it. The officer said simply having access to it/having it in my vicinity is enough for a violation. I've done all the research i can on the MVA and handheld devices restrictions and i can't see anything, anywhere, regarding 'having access' or it just being in my vicinity. I never touched it and she never even tried to confirm it was on or not, just the act of it sitting there was why she ticketed me.
I'm really concerned this ticket will affect the six month reduction i'm meant to have as a result of the GLP, as my earliest exam (with reduction) is coming up in January.
According to this document regarding handheld usage, the term 'use' clearly implies i must have been holding, touching, operating or looking at it. I was doing none of the above, it was sitting dark and dead in the cupholder in my console.
I'm planning on contesting it but i'm wondering how likely it is i'll beat it. I'm again just really concerned it's going to impact (or take away) the reduction i've been working towards. Prior to this i've a spotless record, i'm due to take my exam in less than a month. :(