Anonymous
Anonymous asked in Politics & GovernmentLaw Enforcement & Police · 1 decade ago

how do u beat a cell phone and obstructed traffic ticket?

hello my friend needs help on fighting a couple of tickets

these officers are getting a little over there heads with this ticketing thing

well this is the situation, my friend got a new car from the dealership and when he was putting on his plates, the dealership gave him plate cover for his license plates, u can still see the plate and what state is from but an officer decided to give him 2 tickets for the plate cover one for the front and one for the back plates

how can he beat that in court??

also my other friend got a text message on his cell phone but the cops pull him over stating that he was on the phone which he pleaded with them that he wasnt on the phone that he got a text

how can he beat this ticket

thanks

ohh yeah i dont need to read about u should drive better i need good advice

7 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    get a really really good lawyer :o)

  • 1 decade ago

    The first friend must have been pretty snarky with the officer to get these tickets. He should take both tickets to court and see if the crown attorney would be willing to drop one of them.

    For the other friend: If he was looking at his phone and reading a text message he was not paying attention to the road. Reading a text message or talking on the phone is the same thing as far as the law goes. In fact I would think that reading a text message is actually more dangerous than talking on the phone. If I would have stopped this friend he would have received a careless driving ticket instead the the phone one. If the actual law states in clear language that a person is prohibited from "using" a cell phone while operating a vehicle then the ticket fits. If the wording specifically states that the person must not "talk" on a cell phone then he may have a loophole. Find your state's or province's driving regulations book and check it out.

    Source(s): 10 years policing in Ontario.
  • 1 decade ago

    You may be stuck with the license plate tickets. In California, as well as most states that use stop-light photography to catch people running red lights, there is a law that prohibits any type of license plate cover whatsoever. As you probably know, covers create glare that prevents stop lights cameras from capturing a clear photo of them. Cops can ticket them no matter what and there really is no way to get out of it. Because the car is new, you might be able to say that the covers were there when you bought the car, but you had every intention of removing them. If the car was less than a week old at the time of the ticketing you might have a chance with a lenient judge.

    You have a much better chance with the phone thing. Use the same strategy that you would apply to beating a speeding ticket. Do not, under any circumstances, show up for the original court date. Keep requesting new court dates that put it off for as long as you can until such a request is denied. When you absolutely have to pick a set in stone date, make it as inconvenient for the officer as possible. If you were pulled over during the day, try to get a Friday date as late in the day as possible. The cop probably works the days with weekends off and will be looking foward to the weekend, likely to neglect his court appearance. If you were pulled over at night, try to get as early a time as possible. Cops who work nights usually get off around 5am and got to sleep soon thereafter. Many won't show up for early morning court dates.

  • 1 decade ago

    The plate problem is simple. Just remove the cover. Ask yourself, does he really need it?

    The cell phone thing is iffy. It's hard to fight a cell phone ticket. It's his word against the officer's and if he wants to push it into a trial he can, but he's going to make a fool of himself doing it, and he might get more police bothering him if he does.

    Don't argue with the officer about what happened. Just accept that he broke the law and now he'll pay for it. I don't mean that in a cocky way, but it's a lesson learned. Leave it at that.

    Be polite to the officer and judge. A few 'sirs' won't hurt either, just don't over do it.

    Source(s): Upstate New York police officer
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  • Saskia
    Lv 4
    5 years ago

    First off you fight your case in COURT not with the Cop. Cops don't really care if you are innocent, they are going by what THEY saw and that's why we have a Court system. The threat of arrest was basically because you were wasting his time and giving him a hard time. As to the ticket yes it would help your case if you can get phone records from your phone company and show that you weren't making or taking calls at that time. It won't prove the phone wasn't in your hands, but usually they are more worried about if you were using the phone(whether call or text).

  • 1st, Get the dealership to give documentation that the car was just purchased. As long as it the ticket fell within the 30 days after the car was sold to him he should be fine.

    2nd, Anyone who uses a cell phone while driving, especially texting should be thrown in jail for reckless endangerment.

  • Anonymous
    1 decade ago

    This is typical of cops who hate people, they really hate the general public...that's why they become cops. I know I have 3 in my family...they are nut's. They love to bragg about what hero's they are...they were spoiled bratts growing up and they party more than anyone I've ever seen...they all 3 are worthless human beings

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