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  1. #1

    Default Cell Phone Use While Driving

    My question involves a traffic ticket from the state of: Washington (Snohomish County)

    I received a ticket for using a cell phone yo make a call. The officer indicates I had the phone to my ear. I had my window down and was resting my head on my hand waiting for a green light to make a left hand turn (it was a nice day in April). The officer was located between 150 and 240 feet from the turn lane with his car parked looking east. I was facing south waiting to turn.

    I have cell phone call and text records showing I didn't make or receive any calls within 30 minutes of the ticket. The whole interaction lasted less than 10 minutes. I can also show the last call I made was using hands free (my Google search saves and it states "call jonn smith mobile" ). My car also has hands free integration and I was playing music (Pandora couldn't give me records showing I was using their app at the time but I did email them to ask them the day after the ticket).

    My question is should I bring all this evidence? Will the judge accept it? Should I bring the digital copies or paper copies? Do I need them notarized or anything? Pictures of my car with the phone in hands free mode?

    I can show the distance between his car and mine using engineering software. Would that be helpful to show he didn't have the best view?

    For discovery can I request the records in digital form if available? Can/should ask for video/pictures the prosecuter may have?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Cell Phone Use While Driving

    You can present whatever evidence you believe might convince a court that you weren't using your cell phone as a cell phone. I cannot promise you that the court will find your evidence to be compelling, but it's better than having the hearing turn on your world versus the officer's.

    Yes, investigate whether the officer's car recorded video and see if it's clear enough to help you.

  3. #3
    Join Date
    Jun 2014
    Location
    Los Angeles, California, United States
    Posts
    16

    Default Re: Cell Phone Use While Driving

    I would recommend you consult with an attorney licensed to practice in the State of Washington. For your information (and entertainment), you can read this case from New Jersey, which has similar facts to those you are alleging. The court in that case ruled in favor of the defendant.

    http://law.justia.com/cases/new-jers...76-09-opn.html

    Keep in mind that this New Jersey case has absolutely no authority over a Washington court; moreover, the statutes likely are written in different language, such that it might not apply.

  4. #4

    Default Re: Cell Phone Use While Driving

    I won my case. What I personally did was print off my call and text records and also took screen shots of the records to present. I have Google location services turned on so I also could show my location when making those calls and when/where I was pulled over and ticketed. The prosecutor did question the accuracy of the information but the judge ruled in my favor discounter her objection. (She was not being overzealous but felt she was just doing her job).

  5. #5

    Default Re: Cell Phone Use While Driving

    Congratulations on winning and thank you for letting us know how it went.

    The last time I was in court the judge mentioned that your insurance company does not see these even if you are found guilty just so you know.

    ~Spike~

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