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Student successfully defends herself in ‘headphone’ trial

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Latonia Fray, 16, was cleared of charges that she illegally listened to her iPod while riding her auxiliary cycle after defending herself in court.

A 16-year-old girl cross-examined a police officer in court and ended up getting her name cleared of allegations that she illegally used her iPod while riding her bike.Latonia Fray, a Saltus student, researched the law relating to the charge before her court hearing yesterday, which resulted in Senior Magistrate Archibald Warner throwing the case out.She argued that the battery in her music player was flat and she was not listening to it or touching it when she was stopped and ticketed as she rode through Hamilton on December 22 2011.The incident happened just a few days after amendments to the law that banned drivers using hand-held devices such as music players and cell phones.Ms Fray, from Smith’s, told The Royal Gazette after the case: “I went online and researched the acts and amendments and I came up with some technical issues with my ticket.“When the officer came up to the witness stand I told him I was using an iPod but the ticket had me using a cell phone.”–The second technicality was that she was charged with using the device under a section of the law relating to cars and motorcycles, when she was riding an auxiliary cycle.“Mr Warner said ‘where’s the evidence that she was even operating it’?” reported Ms Fray.She argued that the cord of the earphones was in her ear but the device was not turned on. The officer, when questioned in court, could not say that it was.“I asked him ‘when did you see me touch the device, how did you know what it was’?” explained Ms Fray.When the Magistrate was not convinced by the evidence, he cleared her name of the charge, much to her relief.“I think it was a big achievement. I can’t even pay a $500 fine and I can’t afford seven demerit points,” said the teenager, who has plans to study business.“Mr Warner knew what I was getting at.”Her case was one of the first reported successful challenges to the new law.

Latonia Fray, 16, was cleared of charges that she illegally listened to her iPod while riding her auxiliary cycle after defending herself in court.