My question involves a traffic ticket from the state of: CA
23123a - talking on cell phone while driving.
I was wearing a blue tooth headset. The phone / headset was having a "handshake" issue in that I heard the confirmation tones but did not hear anything after that. I looked at the phone and it indicated that a call was in progress. I then held the phone to my ear to determine if the "handshake" problem was with the phone or the headset. CHP office saw that, pulled me over.
I explained that there was a temporary issue with the headset. I guess he thought I was wearing it for "window dressing", whatever. received citation.
he did not ask me to demonstrate if the headset does/could work.
are there any grounds to fight this? I could demonstrate in court the phone/headset does work. I could probably cross examine the officer to show that he did not verify if the headset was functional.
is the act of "holding a phone to one's head" proof of guilt?

