Inquiry:  While sitting in the drive-through a police officer knocked on the window and stated that he saw me look down while I was driving a few streets over. He told me to pull over into the waiting area after I went through the drive-through and issued me a ticket for using my cell phone as he felt that I was texting when he saw me look down. I was texting while I was in the line-up in the drive-through. I have a bill from the drive-through showing that I went through at 11:37am and my ticket says he gave it to me at 11:35am and on the street that he “saw me look down”. My cellphone records show outgoing text at 11:35am as well (I was sitting waiting to order). Can I fight this?

Response:  Before the actual trial date, the Prosecutor’s Office will be required to make a full and complete disclosure of their evidence to our office for review.  If you are willing to take the stand and testify under oath that you were not previously using or holding the device, then it is possible that the Court may rule in your favour to have the charge dismissed.  If you would like to further discuss your matter with our staff, we offer a no-cost initial consultation via our toll-free number 1-866-801-8299.

Greg Currie
Office Manager (London)