Got a cellphone ticket.. while using bt earpiece. I need help.

NASA 2.0

NASA 2.0

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So I got pulled over for the first time and received a cellphone ticket.

The officer explained why he pulled me over and it was due to me holding the phone and talking and the assumptions that I was on the phone. *note I was holding the phone while my hand was resting on the clutch of the car. Not anywhere near my head/ear. (He was next to me and not behind my car clearly seeing through the window.

I did not argue with him and explained to him that I have a bt earpiece in my earpiece which I showed and pointed to him that I was inserted in my ear.

He made a decision to write the ticket anyway which I didn't argue but asked if me having a bt earpiece still warrants a ticket for holding a phone which I was not operating.

His response was " when he signaled me to pull over with his finger, I put the phone down indicating him that I was on the phone and talking on it. (I was not talking on my phone but through the bt )

Do I have a valid argument to the court and maybe get this waived. ? Or am I out of luck? I have never been pulled over or received a ticket. I just need some guidance on what to do next. He verbally said I would be receiving something in the mail.

I googled and people said they don't received anything in the mail but reqd to show up in court.

*note I was not driving recklessl.. I was in about 1-4 mph bumper to bumper traffic. And this happened in Los Angeles CA.

Thanks nt.
 
You dun goofed. You shoudve told him that and argued right there. Youre basically screwed right now, its his word vs yours. You have no proof of a bt set and he had his statement on the ticket. Why you aint argue?
 
Good luck man. It's funny I see cops on phones while driving daily.

Only experience I have with that, was it was dropped when I went to go set a court date for lesser fine. Soon as I got there lady at the counter told me it's been quashed, I didn't even know what that meant. And she said have a good day.

$300 Ticket and 2 points it's no joke. Good luck, I think if u show up to court with the bt headset and or have a receipt for when it was bought and can show you have had it for some time the prosecutor may make a deal
 
Go to court anyway man. Worst case is you pay the ticket which you would have done anyway if you didn't go to court so might as well take a chance.

I didn't even know talking on the phone was illegal...just texting.
Picasso Swerve said:
You dun goofed. You shoudve told him that and argued right there. Youre basically screwed right now, its his word vs yours. You have no proof of a bt set and he had his statement on the ticket. Why you aint argue?
Click to expand...
I highly doubt arguing with the police officer would have got him out of a ticket. According to OP he has never got a ticket and cop saw that when he ran his DL. On top of that OP was contrite and the cop still wrote him a ticket instead of a warning. 
 
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Picasso Swerve said:
You dun goofed. You shoudve told him that and argued right there. Youre basically screwed right now, its his word vs yours. You have no proof of a bt set and he had his statement on the ticket. Why you aint argue?
Click to expand...


Honestly.. nerves played a big factor. I couldn't say what i really wanted to and I felt arguing would make the situation worse. And I would have my time of argumentin court. I didn't feel I had a chance of telling him to record that I had a bt earpice in his statement for records ..
 
No man, you should damn well (logically and respectfully) make your point to an officer. And yes go to court, less fines and no points for sure with no lawyer needed, but still. Make your damn point or the officer is going to assume hes 100% right.
 
OnTheNephs said:
$300 Ticket and 2 points it's no joke. Good luck, I think if u show up to court with the bt headset and or have a receipt for when it was bought and can show you have had it for some time the prosecutor may make a deal
Click to expand...

That what I was thinking .. I've had it for 2 months now since my wired headset failed on me.It never leaves my car .. even bought car chargers for it for emergency.
 
If you really weren't on your phone you can get a call log of that particular date and time from your mobile service provider to show in court.
 
To completely honest. Dialed the number before driving and just held on to it. I was just in the moment and didn't bother putting it down.
 
sckid20 said:
Yea dont say that in court
Click to expand...
roll.gif
 
He probably gave you a ticket because you had the phone in your hand while driving.  Doesn't matter that you have a bluetooth since you had a phone in hand while operating the vehicle.   As long as the car is in Drive (not Park) and you holding a phone he gotcha.  Dont matter that traffic is 1-4mph.  

You may be able to get it downgraded in court and pay a lesser fine though.  
 
Only person in the moment with a bluetooth is uncle zel when he won 10 dollars on two 1 dollar scratch offs.

Youre guilty guilty as **** b
 
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Write your explanation.

Send it in with a copy of the ticket.

You might get a court date, they might throw it out without you having to see anyone.

I had a similar situation. I WAS on my phone but I lied in the letter and said the Policeman simply saw me taking my phone and putting it on the charger. I won, didn't pay anything.
 
DCAllAmerican said:
 
Write your explanation.

Send it in with a copy of the ticket.

You might get a court date, they might throw it out without you having to see anyone.

I had a similar situation. I WAS on my phone but I lied in the letter and said the Policeman simply saw me taking my phone and putting it on the charger. I won, didn't pay anything.
Click to expand...
DC lying to police? Let me find out he's a mastermind criminal.
 
DCAllAmerican said:
Write your explanation.
Send it in with a copy of the ticket.
You might get a court date, they might throw it out without you having to see anyone.

I had a similar situation. I WAS on my phone but I lied in the letter and said the Policeman simply saw me taking my phone and putting it on the charger. I won, didn't pay anything.
Click to expand...
" Drivers age 18 and over
Drivers age 18 years old and over may use the speaker phone function on their cellular telephone, and use a Bluetooth or other earpiece, but both ears cannot be covered.

Who would I address the letter to? And would they respond back in writing with a decision?
 
To Whom It May Concern

You mail it to whoever you are supposed to mail in your payment to. It should say that on the back of your ticket
 
What state are you in and how much is the ticket? I would definitely request for a hearing from a judge. Is there a clear cut law that says you can't have your phone in your hand?
 
You can't have a electronic device in your hand. What if someone happened and you had to react quickly? You only got one hand fam :lol:

They really getting on people for that in NYC. We can only get 11 points in 18 months and a cell phone ticket is 5 points :x mind you there is no pleading for lesser fines in NYC. Either you guilty or not.
 
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