ExpertLaw.com Forums

Driving While Using a Cell Phone, Freeway Direction is Wrong on the Ticket

Printable View

  • 08-10-2013, 01:16 AM
    srturner47
    Driving While Using a Cell Phone, Freeway Direction is Wrong on the Ticket
    My question involves a traffic ticket from the state of: California

    I received a ticket for 23123 driving while using a cellphone.

    The ticket has the location of the violation listed as "118SB + Sherman HOV". 118 runs east and west, not north and south. Hence, 118SB does not exist assuming SB stands for southbound. Does this give me sufficient reason to fight the ticket? If so, how should I proceed? Should I file for trail by written declaration and write that the freeway doesn't exist? Should I have a real trial and argue the same? Or is my defense flimsy enough that it won't make a difference?

    Any help would be greatly appreciated! Thanks in advance!
  • 08-10-2013, 02:12 AM
    davidmcbeth3
    Re: Freeway Direction Wrong on Ticket
    no the directional error is not fatal to the ticket. these are hard to beat 'cause the cop will testify he saw you on the phone. and that is generally all that is needed

    your last question: correct !

    sorry, you have one of the toughest tickets to win ... your only hope is that the cop would not show up in court
  • 08-10-2013, 08:22 AM
    That Guy
    Re: Freeway Direction Wrong on Ticket
    Quote:

    Quoting srturner47
    View Post
    My question involves a traffic ticket from the state of: California

    I received a ticket for 23123 driving while using a cellphone.

    The ticket has the location of the violation listed as "118SB + Sherman HOV". 118 runs east and west, not north and south. Hence, 118SB does not exist assuming SB stands for southbound. Does this give me sufficient reason to fight the ticket? If so, how should I proceed? Should I file for trail by written declaration and write that the freeway doesn't exist? Should I have a real trial and argue the same? Or is my defense flimsy enough that it won't make a difference?

    Any help would be greatly appreciated! Thanks in advance!

    How much of an impact does the direction you were headed have upon whether you were driving while using a cellphone? None.

    Is using a cell phone while driving in a southbound direction allowed whereas it is forbidden for drivers headed in other directions? Nope.

    So I'm sorry to say that not only is your defense flimsy... You don't have a defense!
All times are GMT -7. The time now is 07:15 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved