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I received a ticket that was distracted-driving . Can I get from it?

01 Aug 17
Alibhai
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I’m a 17-year-old high school student and I was recently given a distracted driving ticket. I was driving down the street and had my own vape in hand (it’s a screen on it and may seem like a telephone) and got hauled into the side of the street by three police officers. The man said I was on my phone and came up using the $ 287 ticket to my window, but I insisted it was my vape. He wrote that I’m an adult. If I could get out of this since he did not indicate that I am a youth, I was wondering. – Matt, Sherwood Park

A officer becoming or misspelling your name Will not get you.

But saying you are an adult when you’re not? That might.

“The only way to find a dismissal is if the sex isn’t right or if its adult or youth isn’t right,” said Dean Marsh, an investigator with Provincial Ticket Resolutions at Airdrie, Alta. “But that is only sometimes and not — nothing is for certain.”

While the penalties are the same — — cases are managed by if you are under 18 .

“Depending on the ticket, different processes and sentencing options can apply to childhood,” Alberta Transportation stated in an e-mail announcement.

While it’s usually another court in larger places like Calgary, “here they will just say, ‘Now we are opening youth court,”’ stated Mr. Marsh, a former police officer. “Youth cases need to be handled differently each time I charged a youth, I did what you are supposed to do and called the parents{}”

If the ticket is not dismissed over the mistake, if you feel you have a defence, then you challenge a distracted ticket and can plead not guilty.

“If a receiver pleads not guilty, a trial date before a judge or justice of the peace is going to be set; in trial, the receiver has the right to be represented by a lawyer or representative,” the state said. “The exact same standard of proof that applies in criminal cases applies in traffic cases; the Crown has to prove the offence beyond a reasonable doubt.”

The vape escape?

Could “but I was just vaping” be a successful defence? We checked around Edmonton with traffic attorneys and none would go on the record.

However, Mr. Marsh said it could be, depending on what the officer wrote down to the ticket. You could have a opportunity if it said phone.

“It’s known as the inarguable fact,” Mr. Marsh said. “I have had officers say they billed someone because he had been looking down, and I would say ‘Can you prove that he was looking down in a cellphone? Since I have my daughter’s gym bag on the floor of my automobile, and I look down to remind myself to take it out from there.”

Having said that, Alberta’s unique in Canada; you do not have to be for a ticket that is distracted.

The legislation covers things like writing, reading and shaving.

A motorist, this year Was charged with driving in Edmonton, authorities said.

Therefore, even though it was not a telephone, while vaping — by adding oil fiddling around with it — the fee might hold, if you were diverted, 1 attorney told Globe Drive.

“The Traffic Safety Act doesn’t specifically prohibit vaping when driving,” the ministry stated. “However, generally, an officer has discretion to ascertain whether a driver is distracted behind the wheel. The intent of this legislation is to prevent distracted driving and enhance the protection of Alberta’s roads{}”

There were nearly convictions in Alberta this past year. It was not available, although we asked for the amount of tickets which were contested.

If you were distracted, you need to find a ticket, Mr. Marsh explained.

“They are saying from studies that it is worse than driving impaired — you need to give driving your full attention,” he said. “I watched a woman eating a steak, and I pulled over — it is not just touching electronics, it is anything that distracts you from what you should do.”

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