Licensed paralegal representing the defendant

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Reference no: EM133810919

Question

You are a licensed paralegal representing the defendant in a provincial offences case. The defendant is charged with the offence of driving with a hand-held communication device contrary to section 78.1(1) of the Highway Traffic Act. The evidence is that a police officer observed the defendant driving along Sullivan Street in the City of Toronto with a cellphone between her left ear and shoulder. The defendant does not dispute this. In closing argument, the defendant's advocate states as follows:

Your Honour, I believe that the defendant should be acquitted of the charge. While the defendant does not dispute the fact that she was speaking on her cellphone while her phone was between her left ear and her shoulder, I do not think that this constitutes "holding" a communication device under the Highway Traffic Actsince she was not using her hand by her face. In my opinion, the prosecutor has brought this bogus charge for the purposes of wasting court time and resources and because he has nothing better to do.

Identify four problems with this passage of your closing argument. Explain each problem and what you should say instead.

Reference no: EM133810919

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