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  1. #1
    Join Date
    Aug 2015
    Posts
    1

    Default Cell Phone Ticket for a Cell Phone in a Cup Holder

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

    My ticket is for code violation : 27602 (a) vc which is in regards to a monitor/screen (television). I was not on my phone or using my phone for anything. However my phone was in my cup holder and because of this he said it was in my view. So I ended up getting a ticket. However I was not using my phone. I showed him my phone when he asked since I did not have anything to hide and was not doing anything. So I do not understand how this is valid. Should i fight it do i have grounds to fight it?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Cell Phone Ticket for a Cell Phone in a Cup Holder

    If you'd been charged with the cell phone statute, your points would be an absolute defense. But you weren't charged with that.

    What did you have displayed on the screen? If it just showing your phone idle display or a map or some informational thing, then one could argue you are not guilty. If you were watching streaming video, you're likely guilty.

    If the former is the case, this is one time where you might have a good shot at a TBWD, and if that doesn't work go for the trial de novo.

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