23123(A) Violation. How Are My Chances in Court with This Evidence
Charged with talking on cell while driving in San Diego, CA
Here's my version of events:
Driving along eating a big slice of pizza (could have looked like a phone I guess )
Flashing red lights, I pull over
While officer explains why I was pulled over my phone rings.
I answer the phone and explain that I am unable to talk.
Officer says: "See I told you you've been talking on the phone".
He writes the ticket. Time of violation recorded as 3:50 PM.
I make a couple nervous calls (while parked) and drive away.
My VZW call log:
Note that the middle three calls are all to the same number. (Mom)
Assuming he remembers/is honest about witnessing the incoming call, I see two possibilities:
1) He agrees with my claim that the incoming call came at 3:49
The call log shows no earlier call, therefore I am innocent.
2) He claims the incoming call came later.
He would then have to claim the following:
He pulled me over for the call at 3:49.
After getting my info he went back to his car to write the ticket.
While he was away I made a two minute outgoing call at 3:55 that ended just before he got back to my car.
He returned, and immediately observed me answer a call at 3:57 as he handed me my ticket
His scenario sounds plausible, however I am certain that the incoming call came prior to the ticket being written.
I don't want it to end up his word against mine.
I realize answering the phone with him there grilling me was stupid, I was nervous and not thinking straight.