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Can you beat a third time cell phone ticket offense?

Business Questions 4 views 8 answers
The officer followed me, there was a car in between us. I had my phone on speaker. I am not sure if he saw my mouth moving, but I could have been singing. I am not sure, if I did put the phone in my hand but it was in my lap for what I remember. He gave me the ticket. This is also my third time and this occurred on the same street each time.

Attorney Answers

8
Gregory Jachts ·
Hire an attorney to represent you. An attorney will most likely be able to get a resolution that does not involve loss of license.
0 upvotes
Douglas Jones ·
With the possible loss of your license, I would suggest that you hire an attorney and be prepared to go to trial.
0 upvotes
Michael Palumbo ·
You can so long as you learn the elements of the infraction and know how to cross examine. Or, you can retain counsel.
0 upvotes
Howard Bailey ·
Is it possible? Yes. Each case is different and will depend on the testimony of the witnesses.
0 upvotes
James Alexander AbateDUI / DWI AttorneyWestfield, NJ ·
As of July 1 a third conviction will result in a 3 month loss of license, $800 fine and 3 points. Facing all that you should engage counsel. There are several ambiguities in the law that can be used to defend these charges.
0 upvotes
Eric Mark ·
It is possible. Depends on the facts and what the officer has to say. I'd consider not using your phone on that street (or anywhere).
0 upvotes
John Doyle ·
It is possible. Hire a lawyer for your best defense.
0 upvotes
Mark M CheserDUI / DWI AttorneyUnion, NJNJ licensed ·
If you were on speaker and not making a call you sholud be alright. The latter can be shown from your phones memory. Defend this. It is the handheld that is the problem.
0 upvotes

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