Do I have grounds to get my ticket thrown out for this disclosure mistake?

[Rob MacLennan]

Just like some people think all sport bikes are "ninjas" maybe there are people that think all fancy smart phones are "blackberries"

If i was a judge and you came to me splitting hairs like that, I'd laugh at you.

The same way that all facial tissue is Kleenex and all ASA is Aspirin.

[Torren]

I would give it a try. Worse outcome is you have to pay the $155. Best case it gets dismissed.

If the cop testifys that you had a BB and you can prove you did not then it might cast enough doubt that the judge will side with you, or at least get the cop a talking to about taking accurate notes which is the important part.

[GayManLoveIsOK]

i had a cop yell at me once, before the law came into effect, about me talking on my cel phone...the only problem was, that i was not talking on my cel phone. i was driving in slow traffic, he was a few cars ahead in the left lane while i was in the right lane, i was propping my head up with my hand as my elbow was resting on the sill...so it looked like, from a distance, that i could be talking on a cel phone...needless to say, we have a yelling match, which ended up with me ripping the hands free bluetooth mirror off the mount to wave at him...stupid police, fight the ticket, they are mostly retarded...this cops attitude sucked, he just flat out started yelling at me, not a good way to start a conversation with the public...the fact that you were operating a handheld device while driving won't be an easy defence, even if he says blackberry a bunch of times, but hey, let your lawyer sort that out...i'm no professional...

[ajaxguy]

I can see the points here about the judge thinking its a minor detail, but I will proceed with trial and like freestyle said, will get him to to see that his testimony cannot be trusted based on his false accusation of me using a blackberry. Like I said worst case I still pay the $155.

[Griffin]

You haven't got a hope in hell that the JP will think the cop's notes are "false statements".

As noted by others, Blackberry is to smart phones as Coke is to pop. His testimony will be that you were talking on a handheld device. His notes are for his reference to assist with his recollection of events. They are not an affidavit. You haven't a chance.

But, go to court, the cop may not show up.

I would just suggest that you raise the issue of the cop's notes more in the manner of "I'm concerned the reference in your notes is to a Blackberry. Could you have been mistaken in your observations?" and not "liar, liar, pants on fire".

[ajaxguy]

What would have a better shot of getting it dismissed.... me trying to get the officer to show his testimony was not credible, or showing the judge that I have all the handsfree equipment( including car mount for my phone) and that I wasnt in my regular car with the handsfree stuff, so if I could get a reprieve as a first timer for this?

[Freestyle72]

You will never get off as "first timer". Typically if you don't get that break at the side of the road it ain't happening in court... you fine might be reduced for a first timer though.

[murf]

I can see the points here about the judge thinking its a minor detail, but I will proceed with trial and like freestyle said, will get him to to see that his testimony cannot be trusted based on his false accusation of me using a blackberry. Like I said worst case I still pay the $155.

+ court fees

[Drake76]

I can see the points here about the judge thinking its a minor detail, but I will proceed with trial and like freestyle said, will get him to to see that his testimony cannot be trusted based on his false accusation of me using a blackberry. Like I said worst case I still pay the $155.

Worst case is you take time off work to go to court, pay for parking, waste a day sitting around waiting for your trial and get convicted. Seeing as you are telling us here that you were using a phone, why would you want to go that route? Generally people who plead not guilty are not guilty.