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      04-30-2010, 09:20 PM   #1
iveman89
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Cell Phone ticket HELP!

Hopefully somebody can help me out here but here's the story..

So I was pulled over and written up for VC 23123A. First Offense. Cop pulled me over for having the phone next to my ear. I complied completely and was totally cool with him. I admit I did have the phone in my hand, i had my head on my hand, but i was not on the phone. I didn't make or recieve a call 15 mins before or after nor did i get a text message. I told the cop that hoping he would let me go with a warning, but he said you cant have a phone in your hand. So my question is you think that if I fight it and get a record of my phone bill showing that during the time of the incident I did not recieve any type of communication the judge will let me go? Has anyone ever tried that? or do you think he might reduce the fine? I heard its $150 thats dumb. Will it change my insurance? any advice will be great!!

oh and here is the law:

"23123. (a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving."
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      04-30-2010, 09:28 PM   #2
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Quote:
"A person shall not drive a motor vehicle while using a wireless telephone"
just show up to court and have your cell phone bill and/or call record as proof that you were not on the phone.

you should have your case dropped. Most cases cops don't show up to court. If the cops isn't there, the judge will drop it b/c he won't be there to contest your claim. And if the cop does, you will have proof that you weren't on the phone.

Its a pain in the butt, i know, but its worth going to traffic court vice paying the fine.
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      04-30-2010, 09:40 PM   #3
iveman89
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yeah that what im going to do. I think the court date is set for july 5! haha that sucks way to celebrate the day before haha.

I also thought this was funny where the cops information is:

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIGORNIA THE FOREGOING IS TRUE AND CORRECT where is Caligornia?? lol you would think they would at least get there info correct haha
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Last edited by iveman89; 04-30-2010 at 11:40 PM.
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      04-30-2010, 10:52 PM   #4
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Quote:
Originally Posted by iveman89 View Post
yeah that what im going to do. I think the court date is set for july 5! haha that sucks way to celebrate the day before haha.

I also thought this was funny where the cops information is:

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIGORNIA THE FOREGOING IS TURE AND CORRECT where is Caligornia?? lol you would think they would at least get there info correct haha
LOL...you can argue that the cop is not in the right state and has no jurisdiction!
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      04-30-2010, 10:54 PM   #5
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my buddy got a cell ticket here in washington and its okay i guess to hold your phone in your hand and use speaker phone funtion but you cant hold it up to your head. either is distacting to the same degree. stupid.
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      05-01-2010, 12:03 AM   #6
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so, were allowed to use the phone to dial, just not talk on it? nice!
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      05-01-2010, 03:20 AM   #7
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What about when some girls put on make up every morning while driving to work looking in mirror 80% of the time 20% on the road?
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      05-04-2010, 06:12 AM   #8
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The beauty of all this nonsense is that no real research backs the claim that simply using a cell phone while driving is a hazard. It's the conversations themselves. This hands-free nonsense doesn't actually solve anything.

Politics as usual.
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      05-04-2010, 06:24 AM   #9
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I don't think the cell phone ticket will affect your insurance, it's not a moving violation right? I think it's just a fine.
If you can bring the phone records in and prove you weren't on the phone, it should be enough. I mean these guys cant even spell California right. They shouldn't even be giving out tickets
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      05-14-2010, 09:47 PM   #10
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i got one 4 weeks ago and it was $150
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      05-14-2010, 09:55 PM   #11
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I was in court once fighting a front license plate ticket -- and before I got up to the judge there were 4-5 cell phone tickets ppl were fightning -- it was cop against offender ... and the ppl lost all of them .. after court fees and additional fees = the ticket was $700+
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      05-16-2010, 03:44 PM   #12
iveman89
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Quote:
Originally Posted by mastek View Post
I was in court once fighting a front license plate ticket -- and before I got up to the judge there were 4-5 cell phone tickets ppl were fightning -- it was cop against offender ... and the ppl lost all of them .. after court fees and additional fees = the ticket was $700+
are you serious!!? i have a feeling this are different in LA, but if i do decide to argue this ticket and lose it will add up to 700?
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      05-17-2010, 07:54 PM   #13
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Quote:
Originally Posted by iveman89 View Post
are you serious!!? i have a feeling this are different in LA, but if i do decide to argue this ticket and lose it will add up to 700?
I got a cellphone ticket like a week after the law started. I think the ticket is $9X. and I was really on the phone .. lol.
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      05-18-2010, 01:11 PM   #14
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I got one at LAX
the ticket is actually around $40, the rest is just tacked on fines from the court/county.
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