Second Cell Phone Ticket in California

My question involves a traffic ticket from the state of: California

My phone on speaker was on my lap when I was pulled over. Motorcycle cop pulled up to the passenger side of my car and looked inside to find a phone in my lap, my left hand on the wheel and my right hand moving in animation as I spoke. He pull me over, stated I was holding my phone and talking. I said I wasn't holding my phone, it's still clearly in my lap and I did not break any laws. He proceeded to say I was not being honest and he saw me holding my phone. Basically his word against mine.
I explained to him that 2 months ago I got my 1st citation for cell phone use while driving. On the same blvd for that matter! I was guilty, paid the fine, learned my lesson and went out and bought a phone with the best hands-free speaker. Earpieces just don't fit or stay in my head. He said "well, you don't think you can get a ticket for the same thing twice?" Not if the phone was never in my hand I don't!

Questions...
1. Does the 2nd and subsequent infractions become a point on your driving record? I see conflicting info online and DMV website does not state.
2. Do I have a better chance for dismissal if I TWD or show up in court to explain my side of the story?
3. He said, she said.... Won't the court just side with the police officer?
4. I plan to appeal if found guilty. Does a new trial add additional costs or fines toward the citation?

Thanks for your time and help.

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Quoting Alane

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1. Does the 2nd and subsequent infractions become a point on your driving record?

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No. It is still is a zero point violation! It does become a statutory base fine of $50 (approx. $280 including penalties and assessments) though!

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Quoting Alane

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2. Do I have a better chance for dismissal if I TWD or show up in court to explain my side of the story?

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He writes "witnessed defendant with phone in hand", you write "phone wasn't in my hand"...

Or...

He says "witnessed defendant with phone in hand", you say "phone wasn't in my hand"...

Probably the same result... His word against yours!

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Quoting Alane

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3. He said, she said.... Won't the court just side with the police officer?

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No reason not to... You stand to benefit by saying you didn't; the officer gets nothing either way!

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Quoting Alane

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4. I plan to appeal if found guilty. Does a new trial add additional costs or fines toward the citation?

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Appeal on what grounds? That the court believed the officer's version but not yours? The appellate is not going to second guess the judge's decision regarding the credibility of each witness! Sorry...

But to answer your question, no, there is no additional cost for a trial de novo (after a trial by declaration) or an appeal from a court trial for that matter.

Good luck!

$280!?!? This is so unfair I can't see straight. I made the necessary changes and paid for my bad habits the first time I was cited. I follow the rules. I've been unemployed for over a year and I can't afford this fine. May I ask for a fine reduction in either the TWD or court appearance should they say I'm guilty? Or do I do this in an appeal? It pains me to even go there because it's like admitting guilt and I am innocent!
Ps - my right hand is always phone-free for driving, holding coffee or water, changing the radio or iPod, and sometimes holding hands with my honey. Why on earth hold a phone when you don't have to? This law is LAME. I have a clean driving record besides these 2 silly citations.

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Quoting Alane

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May I ask for a fine reduction in either the TWD or court appearance should they say I'm guilty? Or do I do this in an appeal?

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You can plead guilty at arraignment; you don't have to go to trial for that. Keep in mind that the judge has no obligation to be lenient. A judicial officer may reduce your fine, allow you to pay your fine in installments, or allow you to take community service in lieu of a fine. It doesn't hurt to ask nicely.

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Quoting Alane

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This law is LAME.

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Call or write your representatives in the state assembly and senate. They're the ones who write these laws, and they're only likely to change if they hear from constituents.

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Quoting Alane

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I have a clean driving record besides these 2 silly citations.

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I have a clean mind besides my silly reindeer fetish.

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Quoting themadnorwegian

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I have a clean mind besides my silly reindeer fetish.

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LOL... Is that what got you exiled from Norway, TMN?