Inquiry:  I was charged with Drive – Hand held communication device – oddly enough – I WAS NOT ON the device at all…. However, the officer doesn’t care (I have been caught in the past and paid for my mistake) – I try to explain to the officer its a natural habit of mine… damm device doesn’t leave my hand… when looking at the ticket… the License Plate # is incorrect… I am sure this can be reduced but can the ticket be deleted due to the error.

Response:  An offence of DRIVE M/V WITH HANDHELD COMMUNICATION DEVICE does not actually require the driver to be actively using the device.  Simply holding the device, even briefly, is sufficient for the charge to be issued.  The error in the licence plate number will unfortunately not likely be a sufficient grounds to have the charge eliminated.  However, if you do wish to contest the charge we can certainly have the matter filed with the court and get a release of evidence from the Prosecutor’s Office to review for other potential defences in your case.  If you would like to speak with one of our staff further, we offer a no-cost initial review of cases via our toll-free number 1-866-801-8299.