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  1. #4
    Join Date
    Aug 2011
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    Default Re: How to Fight a Cell Phone Ticket, VC 23123(A)

    Quote Quoting theZ
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    • While officer explains why I was pulled over my phone rings.
    Do you remember the reason he gave, before your phone rang?

    3:49 vs 3:50 is irrelevant.

    I STRONGLY recommend you do a trial by declaration (TBD) if it's still before your appearance date (you will have to post bail though--amount of your fine--will be refunded if you win). Given your attempted explanation, DO NOT put that in the TBD, just state "I plead not guilty." If you're lucky, the officer won't respond and you'll probably get off. If he does, you can then schedule a real trial (trial de novo) and get your hands on the officers statement for the TBD, so you (we) know what his version of the story is. We can then help you poke holes (if any) in it, since he will likely tell a similar tale in court.

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