I want to leave this job but company is contesting ticket

Discussion in 'Questions From New Drivers' started by canadiantrucker613, Jun 4, 2021.

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  1. canadiantrucker613

    canadiantrucker613 Bobtail Member

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    Hello,

    current company I’m working for is an Ontario company with a terminal in Montreal. It’s horrible and I want to leave. But I got a ticket for using a cellphone in Montreal, it has 5 demerit points. Their lawyer is contesting it. I know they are only doing this because they will get points on their cvor as well. My question is if I leave, can they have the lawyer only contest their part of points and not mine and I still get them. I also know they very low but in your opinion would they go as low as accepting points just so I could get them?
     
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  3. MACK E-6

    MACK E-6 Moderator Staff Member

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    Let's see here... this calls for some input from our Canadian friends.

    @not4hire
    @AModelCat
     
  4. AModelCat

    AModelCat Road Train Member

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    I can't be of much assistance. I haven't had to fight a ticket before.
     
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  5. SteveScott

    SteveScott Road Train Member

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    Were you using a cell phone while driving?
     
  6. CAPTransport

    CAPTransport Light Load Member

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    I would say find a different career where playing on your cell phone can't potentially kill people.
     
  7. Just a rookie

    Just a rookie Light Load Member

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    i would also avoid assuming you know the situation. Montreal and Quebec police are known to hand out tickets that are either reallyy stretching it or just straight up bogus. I once got a ticket for burning a red light, while driving on a highway. Needless to say I had to waste a day of work to fight it. Ive heard of people getting phone related tickets for having a phone in a mounted cradle (which is completely legal) or for having an actual gps not even a phone. There is a possibility yes that op is a scumbag texter and driver, but theres also plenty of reasons to believe he likely got targeted by an officer hopping to make his quota

    And to answer OP's question it depends. If they fight it from the angle that you indeed weren't breaking the law then you should have the benefit of the final verdict assuming they win. For them to request you still get the points would essentially be an admission of guilt. However I don't know how this applies to the trucking side of it. I would like to say it should be the same outcome, however I would consult a Legal professional im sure you can find a free number somewhere to answer the question. HOWEVER if you part ways with the company they could turn around in court and argue that you did it to spite them. If they can demonstrate well enough to a judge that it does not reflect upon them and/or that they fired you as a result of this. There is a posibility that they could get the points removed for themselves by throwing you under a bus. Keep in mind im not a lawyer and that you're better off talking to someone who is one
     
    Last edited: Jun 5, 2021
    Reason for edit: forgot to add stuff
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  8. not4hire

    not4hire Road Train Member

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    I can't add much other than don't assume their lawyer is going to look after your interests... they won't. The company's lawyer is going to look after the company's interest, which may or may not coincide with yours. As to the ticket, yes, Montreal and Quebec are known for being heavy-handed and apply the law unevenly at times.
     
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  9. canadiantrucker613

    canadiantrucker613 Bobtail Member

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    For the idiotic people assuming that I was/could be texting. I was not. I was simply taking my phone out of my pocket putting it on the dash while stopped at a red light so it does not fall out of pocket.

    @CAPTransport
    @Just a rookie
     
  10. Just a rookie

    Just a rookie Light Load Member

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    on a technicallity you arent supposed to touch your phone period. thats the rules. While I agree it is kinda stupid to get a ticket for that. moving your phone out of your pocket still falls under that
     
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  11. canadiantrucker613

    canadiantrucker613 Bobtail Member

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    But do you not think they would just fight the whole ticket to avoid getting cvor points instead of saying it’s my fault and not theirs?
     
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