My question involves a traffic ticket from the state of: Chula Vista, California
I was cited yesterday at 1655pm for VC 23123(a) - Cell Use
I am thinking about fighting this ticket by use of Trial by Written Declaration but want to get some opinions here if possible. First off, I was not using my cell phone and I can pull the call logs from my service provider to prove it. This is what I was intending on using as my statement:
CA 23123(a) - Hand Held Wireless Telephone Prohibited Use
This California Vehicle Code specifically states:
23123. *(a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.
On July 30, 2012 @ approximately 1655PM, I was approached by a Chula Vista PD officer on Olympic Parkway and Winding Walk Street while fully stopped at a red light. While stopped at this red light, I had reached for my device to plug it into my vehicles car charger as my battery was low and placed it on my lap. The officer asked me what I was doing as he pulled up next to me and I told him that I was charging my phone. The officer refused to believe me about 2.5-3 feet away from my driver side door on his PD motorcycle. I told him that I simply plugged the charger into my device and placed my device on my lap all while stopped at a red light and not while in motion. I tried to explain this to the officer but he insisted I was using my wireless telephone. He asked me again what I was doing and again, I told him I simply plugged in my charger my device, which is exactly what I was doing. The officer then turned on his lights and told me to pull over. He walked to my driver side window and stated that he could have just let me go with a warning as he had a long day and does not want/like to write tickets on his way home after a long day of hearing excuses all day but since I did not admit to using my phone, he would be citing me with a ticket and next time I should just tell the truth. He then asked me for my license and registration, which I provided. I even offered to show the officer my device for all recent call logs and even my text logs and swore that I was not using my wireless telephone but he refused to even look or hear me out. The officer issued me a traffic ticket for the following violation of 23123(a) which he signed off with his signature declared under penalty of perjury under the laws of the State of California the foregoing is true and correct: 23123 (a) cv - cell use
I have included a copy of my AT&T cell phone bill which clearly indicates that on 07/30/2012 at 1655pm, I dod not make or receive any phone calls and proves that I was not in violation of VC 23123(a) - cell use as cited by the officer. The last phone call I received before the citation was at 442pm and lasted exactly 54 seconds while I was at RCR Smog in Spring Valley. As one can clearly see per my AT&T Wireless phone call records, I was not using my wireless telephone at the approximate time that the officer falsely accused me of doing so per Vehicle Code 23123 (a) and again, the officer declared under penalty of perjury under the laws of the State of California the foregoing was true and correct. If the officer indeed knew that I was using my wireless telephone, why did he ask what I was doing multiple times if it was clear to him that I was using my wireless phone not configured to allow hands-free listening and talking, and used in that manner while driving? The officer may have thought I was using my wireless telephone in that manner but I was not and I was at a red light, not in motion as seen on the citation as speed equals 0. I applaud every law enforcement officer for the job they do each and everyday as it is a very dangerous and difficult job to do but I cannot accept fault nor guilt if I am innocent of the charge cited against me. This is why I have filed this Trial by Written Declaration as the officer citing me with this traffic citation made a judgement error on issuing this citation for 23123(a) which clearly states a person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.
I have provided proof by submitting records of my phone call logs along with my statements on this Trial by Written Declaration in order to request that this citation be fully dismissed.
What do you all think I should do? Should I fight it or should I just pay the fine? I just don't like the fact of being accused of a crime I did not commit. Thanks in advance!!!
Oh, the officer also said that he will be doing me a favor by citing me for 23123(a) - Cell Use instead of texting (23123.5). I don't know if this helps my case at all. Either way, I was violating either vehicle code...please help!