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Ticket for Cellphone use while driving should I fight it?
Anonymous2 views3 answers
1. I put both my earphones on. Dialed into the call and then started my car It was parked in the parking lot.
2. Drove out on the street and I had forgotten to mute my mic. Which is when I touched my phone to mute it I did not text, or dial or do anything else.
3. That is all I did. The cop spotted me and I pulled over. I got a ticket and am supposed to appear in court.
4. This is my first offense, There was very little traffic on the street, It was not a highway. I was under 25 mph.
Do I stand a chance of winning If I fight this ticket?
Cellphone regulations and hands free laws are being enforced more and more now. Here's the thing, it is not a defense to state that traffic was light. Otherwise speeders would defeat their tickets if no one else was on the road. That you only touched the phone to mute it indicates that you did touch the phone which may well be a violation. It is always worth fighting a ticket with which you disagree, because if you do not then you automatically lose. My suggestion is to retain a traffic citation attorney in your jurisdiction and then you increase the likelihood of success.
Under the most standard municipal ordinance, you are not guilty under the "one button to talk" rule. See a lawyer for a you-specific opinion. Take your ticket.
Light traffic is not a defense to improper cell phone use. However, you might stand a chance of beating the citation by explaining to the court exactly what happened. Then it will be your word against the officer's (if he shows up) and the judge will decide. Hopefully you will have a sympathetic judge. If the officer is not in court, your ticket could even be dismissed. Either way, this is not a moving violation and the worst case scenario is your time in court and the fine. Best wishes to you.
