Ticket for Texting While Driving, But I Wasn't Texting

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Quoting Mephis

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Adjusterjack's post might not be very beneficial to the OP but his logic is spot on. There is nothing to be learned from the second kick of the mule.

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The mule is not charged with upholding and enforcing the law.

OK in answer to questions.

The first time I got a ticket was years ago for listening to a VM and yes I learnt my lesson. That cop was very nice and explained exactly what you could and couldn't do hence I got a holster.

Why would I touch my phone at the lights when I'm stationary? Because it was upside down, because it is not illegal and because I have road directions on it.

The holster is attached to the air vent and can be expanded to fit any car.

I can get phone bills to prove I did not call. However he did write 23123 5 and wrote (text/web). As someone said, it will be hard to prove that I wasn't texting as I could have deleted the texts.

As I mentioned the cop suggested I go to court as the judge "is really cool and might believe my story" was trying to set me for failure in a big way as she is meant to be awful. He knew I wasn't texting, he was being a dick and obviously had a quota to fill. There were 2 or 3 of them on push bikes at lights just waiting to catch people. I was in the far lane and have tinted windows. Plus I did not have the phone in my hand even long enough to text. I said to him "am I not allowed to even touch my phone when stopped"? He said I had to pull over to the side of the road to do so.

A lawyer friend suggested I do trial by mail. She thought if I turn up and he turns up which she thinks he will I will lose. Particularly with this judge by the sound of it. This is not about getting out of points as there are none or even paying the money. It's about principal and what is right plus I do not want a second offense on my record for something I did not do

Your lawyer friend obviously doesn't have much confidence in the integrity of traffic court judges. Don't know that I can argue.

If it's really about the principal, then go to court and force the prosecution to prove its case beyond a reasonable doubt. And be ready to go to appeal. You are right... It IS about the principal.

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Quoting JH2015

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Particularly with this judge by the sound of it. This is not about getting out of points as there are none or even paying the money. It's about principal and what is right plus I do not want a second offense on my record for something I did not do

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Did your lawyer friend tell you that if you do TBD and lose, and then move on to Trial de Novo, assuming that judge decided your case at TBD, they CAN'T hear your case in court? Did your lawyer friend tell you that you can disqualify the first trial judge if for any reason at all (lower case lettering) you don't think they are fair using CPC 170.6, and you don't have to state the reason for your belief? Just sayin'.