$110 Ticket For Movie Watching In A Car?

[steb6s]

Does anyone know of another person who's been ticketed by the OPP because the passenger was watching a movie on their laptop? Basically, this is what happened.

We were driving along the 401 around 9pm, headed back to Toronto from Ottawa. We were doing 120 since cruise was on. We had a laptop and since it's a long boring drive for the passenger, he fired up a DVD to watch. The laptop was on his lap - not on the dash, propped up by the glovebox, or anywhere far forward or over the dashboard. There were a couple of fast approaching lights coming up and the first one was a 350z doing about 140. The second car was an OPP cruiser who seemed to be following or closing in. So the cruiser speeds by us then slows right down so we repass him while we're in the right lane. He moves up alongside us, slows down again, then gets behind us and pulls us over.

The cop says a passenger in the front watching a movie is against the law and gives us a ticket. wtf? I wasn't even watching the movie. And this asshole let a speeder go to pull us over? What the hell is that bullshit with all the news lately about speeders, street racing, and how speeding kills? We asked him how long this law was around and he told us 7yrs. The link I've provided shows that's it's more like 17yrs. I asked if there were demerit points for this ticket. He didn't know. Did I mention this ticket took nearly 20min to write up? On the ticket, he also wrote "television" and not computer, notebook, or laptop. We just sat in the car forever waiting for this guy to finish writing up a ticket. The whole thing reeked of bullshit. I'm planning to fight this ticket but I was wondering if anyone's heard anything about this or someone who's fought it? I need to drive to Belleville to fight this too! What a waste of my time!

This is the law I was cited for - Highway Traffic act 78(b)

It only seems to address TV's specifically. The site's info might be old so maybe it's been revised to allow for any type of video device, but I still wonder how the hell I could watch the movie from where it was positioned while I drove? Everyone knows you can't really see LCD's unless they are pointed your way. So everytime I go on a roadtrip, am I supposed to have the passenger move to the back seat and use the laptop? I've passed other OPP and never had them give me a second look either. I'm both pissed off and dumbfounded by this ticket. I just keeping thinking over and over again "WTF?????"

[blue6]

that link u provided is unclear

vehicles are now equipped with dvd players and lcds
what about navigation system?

to top it off u were not using the laptop

I would fight it too and u have an amazing chance of winning

on the other hand I would even consider suing the police for incurred expenses

[superskaterxes]

lol wow it took me a good 3 mins to realize that 120 was Kmph haha. anyway ive never heard of this but i do knwo its illegal in the states to watch a DVD from the drivers seat. thats why most aftermarket flip up screens have a default where the ebrake must be up inorder for it to play. also, no one has any chance of winning against a cop in court. my friend lost a setbelt ticket to a cop who said he could clearly see the defendant wasent wearing a setbelt from 100 yards away (because his window was down) while it was POURING rain outside. if they wanna rail you they will and theres nothing you can do about it. hopefully canada has more moral justice then this.

[gcrvaudi]

lol wow it took me a good 3 mins to realize that 120 was Kmph haha.[/b]

+1... i was like- where do you live that the cops let you drive that fast?

[wing_woo]

If you have all the facts and stuff, I would consider contacting the officer and talking it over with him. Demonstrate that at the position you were in, there's no way you could have been watching the 'tv'. He might have had a bad day and if you call him the next day or whenever, he might be more rational. I got a ticket for illegal front window tint when my car's front tint is just the factory green tint that all Mazdas have. He looked at it and got another officer who was in the traffic division to look with him and point out what he should look for on a window tint infraction and they both agreed that he did make a mistake so he told me to dispute the ticket and he won't contest it and see if he can cancel it right away at court so I don't need to wait through a few other cases.

[yellowmp5]

sorry to hear your misfortune, i've had a flip-up dvd screen on my previous car for 2-3 years
and have not had any problem @ all (but i've been very very careful makin' sure when cops are around, OFF!)....

i remember readin' the Ontario HTA,
that somewhere it stated that it's an infraction if the TV is on and it's visible to Driver/driving position while the car is in motion.
that's why many SUV/Mini van has LCD screen for movie equipped behind the front seats (not at the centre console - dash)

[blue6]

If you have all the facts and stuff, I would consider contacting the officer and talking it over with him. Demonstrate that at the position you were in, there's no way you could have been watching the 'tv'. He might have had a bad day and if you call him the next day or whenever, he might be more rational. I got a ticket for illegal front window tint when my car's front tint is just the factory green tint that all Mazdas have. He looked at it and got another officer who was in the traffic division to look with him and point out what he should look for on a window tint infraction and they both agreed that he did make a mistake so he told me to dispute the ticket and he won't contest it and see if he can cancel it right away at court so I don't need to wait through a few other cases.[/b]

i would strongly recommend you not to contact the officer
he can issue tickets but at this point, he cannot revoke them

if you contact him and he still thinks his right, the better chance for him to remember who you are = better chance for him to defend himself

the person you have to take this upon is the judge

[StylinM6s]

Dude that is such bullsh*t I'd definitely fight it. I even popped up a laptop in the passenger seat and watched a movie, long drive to FL from PA so it gets boring. Good luck and I think you have a good shot at winning.

[dasko11]

Dude that is such bullsh*t I'd definitely fight it. I even popped up a laptop in the passenger seat and watched a movie, long drive to FL from PA so it gets boring. Good luck and I think you have a good shot at winning.[/b]

that sounds like a great idea

[DennisW]

i would strongly recommend you not to contact the officer
he can issue tickets but at this point, he cannot revoke them

if you contact him and he still thinks his right, the better chance for him to remember who you are = better chance for him to defend himself

the person you have to take this upon is the judge[/b]

more accurately the prosecutor's office. they decide how hard or easy to go on the offense. you might reach a sympathetic person there who is willing to listen to reason and plead it out to the judge.

I do know that there are lots of laws in the states about not having a TV or DVD screen visible in the front seat area, and I guess that could be read to include a laptop watching a movie from the passenger seat. I'll admit it's a stretch but I suppose it could be interpeted that way.