Inquiry:  I was fully stopped at a red light in a left turning lane (2 lanes) when I picked up my cellphone simply to check the time and that is right when an officer pulled up in the lane beside me. He pulled me over and gave me a ticket but said no points were given. I did not make any phone calls or send any outgoing messages during that time frame. What’s the best thing to do?

Response:  The hand-held communication device charges do not require you be actively making a telephone call, simply holding the device is sufficient grounds for the charge to be issued.  The charge does not carry demerit points, but is entered into your driving record upon conviction and is therefore visible to your insurance company.  Charges like yours are very simple and quick for us to deal with at court and therefore have little legal cost.  Best case scenario would be to have the charge thrown out at Court, worst case scenario would be to exhaust any reasonable grounds to have the charge thrown out before it has to go onto your driving history.  If you would like us to contest the charge on your behalf, we offer a no-cost initial review of cases via our toll-free number 1-866-801-8299.

Greg Currie
Office Manager (London)