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Anonymous
Anonymous asked in Politics & GovernmentLaw Enforcement & Police · 2 months ago

Has anyone in California fought a cellphone ticket?

This cop on the opposite side driving on the 55 MPH lane said that he "caught" me on my phone and was holding it and also for tailgating a CHP. I didn't know the car in front of me was a CHP cause it was a white car i was 12 feet away. The other CHP gave me a ticket for being on my phone but when he drove by me, I looked at him and he wasn't even looking my way so now I know he was lying. Can I fight the ticket?

6 Answers

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  • 2 months ago

    Were you on your phone? That's the million dollar question. Doesn't matter what you saw or think you saw of the officer. If he witnessed you on the phone, and you'd say well I was but he didn't see me I saw him looking the other way, tough. You don't want to admit to something and then try to fight it,.

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  • 2 months ago

    If you weren't on your cell phone you can get a copy of your telephone bill the detailed copy that shows each and every telephone call and message that goes in and that goes out you can get that from your phone company and if you indeed were not on your phone when the police officer issued you the ticket your phone bill will show it's you are not making any phone calls or sending any texts and you can say your honor I have my bill right here when the police officer accused me of being on my cell phone I wasn't on my cell phone here's the bill to prove I wasn't on my cell phone it's a complete breakdown of all my calls and then hand the bill to the judge the judge will examine it and if you can see quite plainly that you weren't on your cell phone because of the detailed bill he's going to dismiss the ticket. As for following too closely you're not getting out of that one!

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  • 2 months ago

    I rarely ever drive.

    However I would think that the summonse has a time stamp.

    If you can obtain a record of your phone usage from your provider and it shows that you were not using your phone, this should do it.

    I suppose that the cop can say that you may hav been checking your text messages.

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  • Bruce
    Lv 7
    2 months ago

    Can you fight the ticket? Sure, but nothing you mentioned is going to help He didn't look your way because he already saw you on the phone just before you saw him. Sounds like traffic school is your best bet. 

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  • Anonymous
    2 months ago

    12 feet away is too close so you were tailgating. Sounds like you were using your phone, which is a $1000 fine where I live, so stop using your phone while driving and pay the fine. Learn to be a more responsible driver. 

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  • 2 months ago

    I drive in California, and my cell phone is in front pants pocket, with seatbelt strap over top of it. And I have to have seat belt fastened still, even after asked for license, registration and insurance.

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