Cell Phone ticket HELP!

iveman89 · 04-30-2010, 09:20 PM

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."

MDyDinanM · 04-30-2010, 09:28 PM

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.

iveman89 · 04-30-2010, 09:40 PM

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

mrwonder · 04-30-2010, 10:52 PM

Quote:

Originally Posted by iveman89

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!

1MOREMOD · 04-30-2010, 10:54 PM

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.

leeor · 05-01-2010, 12:03 AM

so, were allowed to use the phone to dial, just not talk on it? nice!

sehrgut · 05-01-2010, 03:20 AM

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?

conradb · 05-04-2010, 06:12 AM

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.

Kyosho · 05-04-2010, 06:24 AM

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

saeng · 05-14-2010, 09:47 PM

i got one 4 weeks ago and it was $150

mastek · 05-14-2010, 09:55 PM

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+

iveman89 · 05-16-2010, 03:44 PM

Quote:

Originally Posted by mastek

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?

WCKL · 05-17-2010, 07:54 PM

Quote:

Originally Posted by iveman89

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.

FruitCake · 05-18-2010, 01:11 PM

I got one at LAX

the ticket is actually around $40, the rest is just tacked on fines from the court/county.

04-30-2010, 09:20 PM	#1
iveman89 First Lieutenant 18 Rep 391 Posts Drives: 2008 M3 E93 Join Date: Sep 2008 Location: watsonville, CA iTrader: (0)	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, 09:40 PM	#3
iveman89 First Lieutenant 18 Rep 391 Posts Drives: 2008 M3 E93 Join Date: Sep 2008 Location: watsonville, CA iTrader: (0)	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 Attached Images Last edited by iveman89; 04-30-2010 at 11:40 PM..
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04-30-2010, 10:54 PM	#5
1MOREMOD - 11817 Rep 23,187 Posts Drives: Race car-> Join Date: Mar 2009 Location: check your mirrors iTrader: (5)	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. __________________ 02 Tiag e46 M3\|6MT\|GC plates\|MCS c.o.\|GC bars\|GC race control arms\|GC bushings\|BW eng. & tran. mounts\|subframe kit\|BW race shifter\|BW Jaffster\|Euro header\|BW exhaust\|K&N c.a.i.\|Epic race tune\|Rouge pulleys\|Seibon CF hood\|CSL bumper\|apr gt 250 & splitter\|ST-40\|XR-2\|SS lines\|half cage\|Recaro profi\|Profi 2 harness\|BMWpedals\|BW studs\|
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05-01-2010, 12:03 AM	#6
leeor Banned 136 Rep 2,386 Posts Drives: 2010 Blue Prius III Join Date: Mar 2009 Location: Los Angeles iTrader: (4)	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
sehrgut Major 33 Rep 1,033 Posts Drives: emthree Join Date: Oct 2009 Location: socal iTrader: (1)	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
conradb Lieutenant 73 Rep 493 Posts Drives: 2011 E92 M3 (ZCP/DCT/ZCV) Join Date: Apr 2010 Location: GMT -8 iTrader: (0)	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
Kyosho Lieutenant 17 Rep 568 Posts Drives: 991.2 GT3 // Panamera Turbo Join Date: Jun 2007 Location: Irvine CA iTrader: (4)	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 __________________ Understeer is when you hit the wall with the front of the car and oversteer is when you hit the wall with the rear of the car. Horsepower is how fast you hit the wall, torque is how far you take the wall with you."
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05-14-2010, 09:47 PM	#10
saeng Lieutenant 11 Rep 519 Posts Drives: e90 Join Date: Oct 2009 Location: san jose ca iTrader: (0)	i got one 4 weeks ago and it was $150
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05-14-2010, 09:55 PM	#11
mastek e36s54, e70x5d 151 Rep 1,723 Posts Drives: slow Join Date: Aug 2008 Location: Los Angeles, CA iTrader: (15)	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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05-18-2010, 01:11 PM	#14
FruitCake Banned 88 Rep 1,680 Posts Drives: '10 E92 M3 Join Date: Nov 2008 Location: Los Angeles iTrader: (19)	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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