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  1. #1
    Join Date
    Jul 2017
    Posts
    1

    Default Cell Phone Ticket Issued While the Driver's Phone Was in Her Purse

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

    Hello! This is my first post on this forum, please forgive me for any mistakes! I tried to read and search around before I posted, but since my situation is kinda "weird", so I'd like to share my story for everyone to judge.

    On this Monday July 3rd, I was driving home from a shopping mall and got pulled over around 7pm. The two officers was behind me at the traffic light, as soon as the light turned green I heard the siren and they pulled me over. One of them came to my window and asked me what I was holding in my right hand. I told them I did not hold anything. Then he left to talk to the other officer, within a minute or so he came back again asking me the same question, again I answered the same thing. Then the other officer came and said bunches of things like nowadays people drive recklessly, that the 1st officer is new and we want to make sure this area is safe, that there is a fatal accident down the street blablabla for 2 mins or so. I honestly had no idea what I did wrong, until he told me how I was driving inattentively and that he saw me holding my phone to my mouth/cheek. I was like WHAT!!! The whole time driving from the mall my phone was placed in my purse. I knew the way, so I never pulled it out for gps and such. I had my purse (small) wearing as crossbody and zipped! So I had no idea how they saw me holding my phone. I tried to explain to both of them, even offered to show them my phone record but they refused to see anything, stated that "I know what I saw" and told me to bring it to court.

    I just want to know my chance of winning if I fight this ticket. I can pull phone, text, and data record from the phone company to show that I did not use my phone, but I know those evidence wouldn't be as strong and convincing. Thinking about it, I will buy a dash cam from now on to avoid things like this in the future.

    The ticket is around 160 and I can afford that, but thinking how I did not even touch my phone and just get a ticket because they "saw" me holding my phone is just ridiculous. I intend to do Trial by Written Declaration first then if it's not successful I guess I'll just have to pay the ticket. Any advice on this issue? I really appreciate any comments or suggestions given.

    Thank you so very much for your time! Have a nice day!

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Cell Phone Ticket but Phone is in My Purse (Not in Use)

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

    Hello! This is my first post on this forum, please forgive me for any mistakes! I tried to read and search around before I posted, but since my situation is kinda "weird", so I'd like to share my story for everyone to judge.

    On this Monday July 3rd, I was driving home from a shopping mall and got pulled over around 7pm. The two officers was behind me at the traffic light, as soon as the light turned green I heard the siren and they pulled me over. One of them came to my window and asked me what I was holding in my right hand. I told them I did not hold anything. Then he left to talk to the other officer, within a minute or so he came back again asking me the same question, again I answered the same thing. Then the other officer came and said bunches of things like nowadays people drive recklessly, that the 1st officer is new and we want to make sure this area is safe, that there is a fatal accident down the street blablabla for 2 mins or so. I honestly had no idea what I did wrong, until he told me how I was driving inattentively and that he saw me holding my phone to my mouth/cheek. I was like WHAT!!! The whole time driving from the mall my phone was placed in my purse. I knew the way, so I never pulled it out for gps and such. I had my purse (small) wearing as crossbody and zipped! So I had no idea how they saw me holding my phone. I tried to explain to both of them, even offered to show them my phone record but they refused to see anything, stated that "I know what I saw" and told me to bring it to court.

    I just want to know my chance of winning if I fight this ticket. I can pull phone, text, and data record from the phone company to show that I did not use my phone, but I know those evidence wouldn't be as strong and convincing. Thinking about it, I will buy a dash cam from now on to avoid things like this in the future.

    The ticket is around 160 and I can afford that, but thinking how I did not even touch my phone and just get a ticket because they "saw" me holding my phone is just ridiculous. I intend to do Trial by Written Declaration first then if it's not successful I guess I'll just have to pay the ticket. Any advice on this issue? I really appreciate any comments or suggestions given.

    Thank you so very much for your time! Have a nice day!
    Personally, I would fight it if I really was not using the phone, so I would recommend that you pull those records. Other people might advise that you just pay the fine and move on. It all really depends on how important principle is to you.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Cell Phone Ticket but Phone is in My Purse (Not in Use)

    I agree.

    Fight it if your records are conclusive and attach copies to the TBWD.

    If you lose on the TBWD, go to trial.

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