A Cop stop me and issue a ticket under hta78.1... I'm not even making a call or text ... since he said he saw a reflection of the phone on the mirror(night lime) I'm charging my charger or phone has a problem... sometimes it just keep on off and on... I have to turn it off so it will not light... I need help on how to explain this... do I have to go in court to plea not guilty or I have to meet with the prosecutor for resolution? Please advise... thanks

Asked about 1 year ago in Ontario
Categories: Civil Litigation  Criminal Law

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Caryma Sa'd

Answer by Caryma Sa'd

VerifiedOntario lawyer

Since you were not ‘holding or using’ your phone, the actus reus of the offence under Section 78.1(1) is not made out. Furthermore, Section 78.1(3) of the Highway Traffic Act states that a driver is permitted to use his or her cell phone if it is in ‘hands-free’ mode. Follow the instructions on the back of your ticket ('offence notice') to deliver a ‘notice of intention to appear’ to the court office specified in the offence notice. You may also request a meeting with the prosecutor by indicating that request on the offence notice and delivering it to the court specified in the offence notice within 15 days of being served.

Feel free to get in touch if you’d like to discuss the specifics of your situation. You can call or text me at 647-360-7182.

Yours very truly,


Lawyer & Notary Public

Posted about 1 year ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Caryma Sa'd, or search the Lawyer Directory.

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