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  1. #1
    Join Date
    Apr 2012
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    3

    Default Talking on Cell Phone While Driving

    My question involves a traffic ticket from the state of: Violation 23123(a) VC

    I was driving and talking on my cell phone but it was on speaker phone. The officer acknowledged I was on the speaker phone but said it didn't matter - you must use a hands free piece.

    I plan on fighting it through the mail. I was speaking on the phone but I do know that most cops don't respond to written declarations. I was planning on requesting that the judge look at my subpoenaed phone records - as the officer won't have them.

    Can anyone give me some pointers on what to include in my trial through declaration?


  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Talking on Cell Phone

    Were you holding the phone in your hand while you were speaking and listening?

    And I don't know where you get that "most" cops do not respond to written declarations, because my experience (after 21 years in this biz) is that more officers will FTA at court appearances than written declarations. The written declaration takes a few minutes at the start of the shift whereas the court appearance might take hours on a day off. But, numbers vary by agency and jurisdiction.

  3. #3
    Join Date
    Apr 2012
    Posts
    3

    Default Re: Talking on Cell Phone

    I was holding it in my hand - I thought it was okay to do that.

    In my experience every time I've sent in a W.D. the cop never replied.

    I've read that I should just say in the STATEMENT OF FACTS, "I stand by my plea of not guilty."

    Should I make an argument or should I just say I stand by my plea?

    What's your best advice?

    Thanks again!

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Talking on Cell Phone

    Quote Quoting jitsuboy
    View Post
    I was holding it in my hand - I thought it was okay to do that.
    Not exactly "hands free" that way. But, this section is subject to much interpretation which can vary by jurisdiction.

    In my experience every time I've sent in a W.D. the cop never replied.
    How very odd, and how disappointing for the agency. Someone is not doing their job.

    I've read that I should just say in the STATEMENT OF FACTS, "I stand by my plea of not guilty."

    Should I make an argument or should I just say I stand by my plea?

    What's your best advice?

    Thanks again!
    There are others who will likely come along with ideas on wording or tactics. I tend to be the guy who writes these citations and testifies to them in court.

  5. #5
    Join Date
    Apr 2012
    Posts
    3

    Default Re: Talking on Cell Phone

    Thanks for responding.

    Out of curiosity.

    Which W.D. would you prefer not to reply to?

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Talking on Cell Phone

    Quote Quoting jitsuboy
    View Post
    Thanks for responding.

    Out of curiosity.

    Which W.D. would you prefer not to reply to?
    I have replied to all of them I have ever received. No reason not to. They take a few minutes to reply to and I can do them at the station.

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