Data / Call Report for July 2022

[Kamila93]

Hello community,

I am fighting a violation ticket in court as I have been falsely alleged to use my phone while driving.

I was able to download a call history, but it only shows how much data I used on a certain day, I would need more detailed report of the data usage. 

How can I get that?

Thanks in advance. 

Kamila

[gpixel]

I miss the days when I could have one hand on the steering wheel and one hand on my phone held upto my face and not have to worry about anything. 

[HALIMACS]

I would go so far as to say devices should disable while a vehicle is in motion. (except maps or calling exclusively through Bluetooth)

The problem is how to allow non-drivers to continue use.

Distracted driving is far worse now than it's ever been.  It's downright scary to see how many people are actively using their devices while driving.  

[dust2dust]

I just don't use it. A notification sounds and I'm like "I'm drivin' over here!" and ignore it until I'm parked somewhere.

I happen to be of the opinion that I think it's a stupid law that a driver can't pick up the phone while stopped at a light. Where is the danger? Where is the risk? It's merely a brief inconvenience to the cars behind you for which you will receive a hearty honk to get a move on. But this happened before cellphones. You're looking at something beside you or up ahead and honk! oh the lights green and start moving. But no. Ticket. Ridiculous.

Those actively typing juggling the steering wheel while in motion are the menace.

[HALIMACS]

Gosh @Kamila93 

All this talk is having me 2nd guess the location of my mobile device while driving.   

I use my device routinely while driving with Bluetooth and voice commands (Siri & Google).   

You might want to 'demonstrate' a pattern of use with such devices using methods which show to the court that you are an experienced user of the device without manually holding it, keeping 2 hands on the wheel.  (unless you drive a standard, in which case, well ya catch my drift...)

The whole "reflection" thing is pretty loosey goosey to me.   Any justice of the peace should see right through that.   Think smoke and mirrors - they create illusions.

[Kamila93]

Already working on that too. 🙂 Just book a consult for next week.

[softech]

@Kamila93  I think it worths to check with those ticket fighters for advise.  They might help with a charge of course, but they have a better charge of winning or make it down to a lesser charge 

[Kamila93]

I know it is ridiculous, if I would use the phone, no doubt I go and pay. No trouble admitting my own mistake, but I am not paying $400 + extra insurance cause he saw a reflection of the sun or whatever... I hope it will all work out. Thanks

[darlicious]

@Kamila93 

If that's the case the evidence you have pulled from your phone will far surpass any data pm's usage history on your account could offer you. Even if the officer shows up for court your evidence for your defense should  easily convince a judge that the offense has no merit. And judges really hate it when law enforcement wastes the court's time and money to meet their ticket quota.

[dust2dust]

I bet the cops don't show and you're free to go. If they don't have a picture of you holding a phone then they got nothin'. You can have your picture of the phone mount and the phone in it if they want to go into he said, she said.

And really...a reflection? Seriously. Frickin' cops.

[Kamila93]

Thank you, I actually already pulled out all this data from my phone as well. 

[darlicious]

@softech @chipmunk 

Depending on the device being used there is a surprising amount of data that could be used to defend oneself. As you can see with just my messages app this week....maybe @Kamila93  can access similar data on their phone?

Recieved two texts and notified and the timeActual time usage of messages this weekPhysically touched the phone 5 times using messagesMessages screen usage 3 min and the time period of usage

[chipmunk]

---

@softech wrote:

@Kamila93   I doubt PM will be able to provide you more details than the tolal usage as seen on the usage page.  But Of course, you can contact them for your luck

Google activity likely be as much as you can get, but I don't think it helps to show you weren't using the phone.  There are usually still background usage even you were not touching your phone, unless you have Mobile data off while driving.  But still, no data usage, no voice usage still cannot prove you are not using your phone.  As long as your hand is on the phone, they can charge you with districted driving

---

Supporting this approach as well as dust2dust's... Whatever happened to "innocent until proven guilty"?

Public Mobile data record, if available, can't prove that you didn't have your hand on your phone. My understanding is also that PM's data usage record also can't differentiate between different usages on your phone...  Was it google maps if the phone is used as a gps, static on the dash board. or a Voip app TextNow call (which you could technically take on hands-free?), or was the user typing a tweet??

My phone is, 99% of the time, in my bag on the rear seat, but, if I forget to put it on "Don't disturb", I still hear the WhatsApp notifications coming in while driving, which clearly uses a data connection. So if I'd try to use my data log to prove that I wasn't using my phone while driving, it would actually support the officer's case if they don't have to supply a picture of the offense?

[Kamila93]

Hey, thanks, my hands were not on the phone as mentioned below. 

[softech]

@Kamila93   I doubt PM will be able to provide you more details than the tolal usage as seen on the usage page.  But Of course, you can contact them for your luck

Google activity likely be as much as you can get, but I don't think it helps to show you weren't using the phone.  There are usually still background usage even you were not touching your phone, unless you have Mobile data off while driving.  But still, no data usage, no voice usage still cannot prove you are not using your phone.  As long as your hand is on the phone, they can charge you with districted driving

[dust2dust]

A reflection? If you weren't actively holding it in your hands then they got nothin'. Do THEY have a picture? Always remember that they need to prove their case. You're innocent. Of course the justice/judge will always lean towards "believing" the cop (after all we've seen and heard...why) but here we are.

What province did this happen in? What are the actual device use/distracted driving laws?

[Kamila93]

Thank you, I will contact them. 

[Kamila93]

Yes, I know that, and I have a full record from my google account showing my exact activity including apps, I just want to have the service provider records as well. Thanks

[Kamila93]

No, I did not. The phone was mounted to my dash, but he said he saw a reflection. I do have more info from my google account which shows exactly what apps were used at what time and it supports me, however I want to have more than that. Thanks anyway I will contact support. 

[esjliv]

Sorry to hear it @Kamila93 

But, are you sure the court would accept this? I mean, these days, phones are used for a lot more than making calls or texting. So, googling something on a smartphone while driving could potentially also be considered a fine, wouldn't it?

[dust2dust]

Did you have the phone in your hand while operating the vehicle whether stopped at a light or in motion? It's a tricky offense. Cops have a lot of leeway.

The usage details here only go back 3 months. You're past that. You'll need to get those records from support if they have them.

[Meow]

Usage History should show everything: data, calls, SMS.

But usage will go back 90 days only.

You can contact agent to see if they have access to more data than 90 days.

[Handy1]

@Kamila93 @Not sure you can but if possible you would need support help for it 

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