Distracted Driving / Hand-held Devices
The penalty for operation of your motor vehicle while utilizing a cellular device or electronic entertainment devices is a (3) day suspension and insurance increases. Were you actually on the phone? Or maybe there was an emergency and you had to call someone. Maybe you did not have a cell phone in your hand. These charges can be defended with the proper advice and preparation. What is important to note is that our Provincial Government has legislated strict rules, regulations and penalties where the driver is caught by police utilizing a handheld device while operating a motor vehicle.
We at Juzkiw Law analyze and review all the disclosure against you. We navigate the procedure accordingly to insure that you get the best possible outcome. We use our advocacy skills and experience to negotiate an early resolution or prepare for trial.
How we defend these charges
We are experienced at obtaining an early resolution or taking your matter to trial. We use our advocacy skills and experience to put forward a defense. The prosecution may offer you a plea at the outset. If this is going to adversely affect your insurance and demerits you should fight the ticket and speak to an experienced lawyer first.
Don’t waste any time in speaking to an experienced lawyer. Try and recollect everything and the surrounding circumstances when you received your traffic ticket. We review and analyze thoroughly where the alleged traffic offence occurred, the weather conditions on that day, the traffic density, any available pictures and videos of that area. You should never plead guilty without consulting an experienced lawyer first. Pleading not guilty and fighting your ticket is merely exercising your constitutional rights to question the prosecution’s evidence. Remember anything you say to the police officer can be used against you.
In order to avoid ridiculously high insurance premiums, it is advisable to take your traffic ticket to trial and fight it. We aim to bring out contradictions in the police officers evidence at trial. If there are inconsistencies in the evidence against you, your ticket will be dropped.
There may be several instances where your constitutional rights under the Charter of Rights and Freedoms may have been infringed. We analyze all the details in your case and assess any infringement of these rights. If there has been an unreasonable delay in your case, we bring an application to have it dismissed outright.
If you have been convicted of a Highway Traffic Act offence, you have 15 days to appeal the conviction. You should consider appealing against a conviction if you were treated unfairly, there was a violation of your Charter rights, you were denied to cross examine the Crowns witness or if there was an error committed by the judge. Consult an experienced traffic ticket lawyer to consider your options.
Penalties Outlined Operating a Motor Vehicle While Holding a Handheld Device
First conviction:
- A fine of $615
- Three demerit points
- 3-day license suspension
Second conviction
- A fine of $615
- Three demerit points
- 7-day suspension
Third and any further convictions(s)
- a fine of $615
- three demerit points
- 30-day suspension