Cell Phone Ticket in California vol. TBD?

[remarqable23]

Has anyone gotten a cell phone ticket and pleaded not guilty? I got one recently for using my cell phone. The officer explained to me there's two types: using your cell phone and texting. I have an aftermarket GPS system and the location of the time is poorly positioned and hard to see so I grabbed my phone to check the time. He pulled me over and told me I was using my phone. I have cell phone and text records to show that I was not on the phone nor texting at the time I was issued a ticket. Should I even attempt trial by declaration?

 

[kiendienn]

Originally Posted by ReMarqable23

Has anyone gotten a cell phone ticket and pleaded not guilty? I got one recently for using my cell phone. The officer explained to me there's two types: using your cell phone and texting. I have an aftermarket GPS system and the location of the time is poorly positioned and hard to see so I grabbed my phone to check the time. He pulled me over and told me I was using my phone. I have cell phone and text records to show that I was not on the phone nor texting at the time I was issued a ticket. Should I even attempt trial by declaration?

If you have the records to prove it, it's worth the shot imo

 

[vendetta]

Unless you can prove you weren't using an app, the internet, or any other functions then yeah it might be a shot. But, if you have a smart phone they'll probably say you could've been doing any number of things besides calling or texting.

 

[hybridsoldier23]

What is your exact charge on the ticket?

 

[bob lobblaw]

i've gotten 2 tickets dismissed doing the trial by written declaration, simply because the officer failed to respond to it. both were speeding tickets and i made up bs stories both times. im in cali too btw.

 

[remarqable23]

Originally Posted by HybridSoldier23

What is your exact charge on the ticket?

"Use of cell phone" is written on the ticket.

 

[s dubl]

Ive heard that using gps or navigation is allowed... not 100% on that, maybe someone else can chime in.

 

[6 Rings G.O.A.T.]

You should fight this ticket.. especially if you have proof..

 

[wanksta23]

Originally Posted by kiendienn

Originally Posted by ReMarqable23

Has anyone gotten a cell phone ticket and pleaded not guilty? I got one recently for using my cell phone. The officer explained to me there's two types: using your cell phone and texting. I have an aftermarket GPS system and the location of the time is poorly positioned and hard to see so I grabbed my phone to check the time. He pulled me over and told me I was using my phone. I have cell phone and text records to show that I was not on the phone nor texting at the time I was issued a ticket. Should I even attempt trial by declaration?

If you have the records to prove it, it's worth the shot imo

do it...my friend got pulled over because he officer said he was on his phone, but he really wasnt, he just had his hand on his cheek waiting for the green light

he went to court, presented his monthly bill, and the ticket was dismissed

 

[doublejs07]

Originally Posted by ReMarqable23

Has anyone gotten a cell phone ticket and pleaded not guilty? I got one recently for using my cell phone. The officer explained to me there's two types: using your cell phone and texting. I have an aftermarket GPS system and the location of the time is poorly positioned and hard to see so I grabbed my phone to check the time. He pulled me over and told me I was using my phone. I have cell phone and text records to show that I was not on the phone nor texting at the time I was issued a ticket. Should I even attempt trial by declaration?

FIGHT IT!!!

You'll get off ESPECIALLY if you have proof that you weren't texting. 

Bring all your print-outs from the phone company etc. and present it to the judge.  You shouldn't have any issue in getting off from this ticket. 

 

[remarqable23]

Thanks for the advice everyone. I will be fighting this and I will check back to let you guys of the outcome.

 

[luong1209]

OP, my brother got pulled over for usage of phone...But when the officer asked him, he said he was changing the song only and got off with only a warning. Worth a shot?

It could've been technically used as an MP3 and not a phone

.

 

[eight2one]

lol I stay driving and texting, or on my cell phone