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McComb Witten Marcoux

"Cellphone held to ear wasn't a wallet, so pay up: Judge"

Jeffrey S. Witten, B.A., LL.B.
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Personal Injury Lawyer at McComb Witten Marcoux

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" When Bavjit Thandi was pulled over last summer for talking on his cellphone while driving his black Jaguar, he had a ready excuse for the ticketing officer.

 But when the traffic cop didn't buy his argument that it had been his wallet, not his cellphone, that he had been holding up to his ear..."

                 - The Province Newspaper October 8, 2013 - Cassidy Olivier

Thandi contested the ticket and eventually the matter went to trial in front of Judge Hunter W. Gordon.

At the trial Thandi told the judge that he was putting his gym card into his wallet when he was ticketed.

Judge Gordon heard from both Thandi and the arresting office. And then made his decision to convict Thandi on the basis of CREDIBILITY"

" In my view, an experienced traffic enforcement police officer would neither mistake nor misinterpresent what he was seeing between a hand at the right ear and a hand being held out in front of the driver and the lips of the driver moving."

So, as in many cases that come before the courts in B.C,. the decision of the judge to convict Bavjit Thind as charged boiled down to who he found to be more believeable.


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