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  1. #1
    Join Date
    Sep 2012
    Posts
    1

    Default Got Cell Phone Ticket but Was Not Talking or Texting

    My question involves a traffic ticket from the state of: California

    Hello,

    I got a cell phone ticket this morning. I wasn't texting or calling, just looking down at my phone to check the time (I had to enter my phone password to unlock it, so the cop said to him that says I was texting). I did get another cell phone ticket, about 3 years ago (I was actually on the phone that time).

    Should I fight this, I'm assuming phone company records as far as texts and calls can;t be deleted, so that provides proof that I wasn't texting or calling anyone? How much am I looking to pay for a second offence? Any advise is helpful..

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Got Cell Phone Ticket but Was Not Talking or Texting

    Quote Quoting SashaKogan
    View Post
    My question involves a traffic ticket from the state of: California

    Hello,

    I got a cell phone ticket this morning. I wasn't texting or calling, just looking down at my phone to check the time (I had to enter my phone password to unlock it, so the cop said to him that says I was texting). I did get another cell phone ticket, about 3 years ago (I was actually on the phone that time).

    Should I fight this, I'm assuming phone company records as far as texts and calls can;t be deleted, so that provides proof that I wasn't texting or calling anyone? How much am I looking to pay for a second offence? Any advise is helpful..
    So there is no other clock in your car? You don't wear a watch?

    What record if any would the phone company records show if you were typing a text message to someone?

    What record if any would the phone company records show if you were reading a text message you previously received?

    You'll lose this one just like every other cellphone ticket that came around with a silly excuse "I wasn't texting, I was scratching my butt with my cell phone"... When will you people listen and understand!!!!

    The enhanced fine amount after adding penalties and assessments = $285

  3. #3
    Join Date
    Apr 2011
    Posts
    409

    Default Re: Got Cell Phone Ticket but Was Not Talking or Texting

    A lot less people wear watches nowadays because they always have their cell phone with them, and the cell phone has a clock that does not need to be programmed, because it already does this itself.

    All these small tickets for almost anything are symbolic of the police state we're entering.

  4. #4
    Join Date
    Aug 2011
    Location
    South-Central Cali
    Posts
    1,274

    Default Re: Got Cell Phone Ticket but Was Not Talking or Texting

    Quote Quoting SashaKogan
    View Post
    just looking down at my phone to check the time (I had to enter my phone password to unlock it, so the cop said to him that says I was texting).
    There's nothing wrong in using a cellphone as a watch, but it can be distracting when operating a vehicle. Most phones WILL show you the time even if they are locked. If you depend on your phone for the time, and you need to enter a password just to look at it, YOU NEED A DIFFERENT PHONE.

    Quote Quoting SashaKogan
    View Post
    Should I fight this,
    You should know that cellphone violations incur no points, and so there is no traffic school either. Unlike moving violations, if you choose to fight it there is no extra penalty such as losing the chance at traffic school, etc.

    But if the officer saw you typing anything (even your password), it's his word against yours and you'll probably lose. Phone company records aren't going to help because they don't show any local activity as TG mentioned. You can try a trial-by-declaration and hope that the cop forgets to submit his. On the other hand, if you appear and plead guilty, some judges may offer a fine reduction (attend a local court session to know).

  5. #5
    Join Date
    Oct 2011
    Posts
    114

    Default Re: Got Cell Phone Ticket but Was Not Talking or Texting

    Hey qq is back!

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