Inquiry:  I was sitting at a red light with my phone in hand but not using it and an officer came to my window, looked in and then proceeded to give me a ticket for using a handheld device, even though I explained to him in the nicest possible way that I was not using the phone and that I just don’t like to leave the phone sitting out as it is an expensive piece of equipment. I often keep it on the seat between my legs or in hand when stopped. Do I have a leg to stand on?

Response:  Holding the communication device is sufficient for the charge to be issued unfortunately.  However, whether or not the charge will hold up in Court is another matter.  Depending on what the Prosecutor has to work with, there is hope that the charge could be thrown out.  If you would like to discuss your case, we offer a no cost initial review of matters via our toll-free number 1-866-801-8299.

Greg Currie
Office Manager (London)