Pleading not guilty for a cell phone ticket

You're on the right track in bringing with you the cell phone logs for you and your husband. Try also to think about what the police officer may have mistakenly believe was a cell phone (i.e., perhaps your brushing your hair with your fingers; adjusting the seat belt; or raising a can of soda to your lips), because the administrative law judges who hear these things sometimes are resistant to believing that a police officer is ticket-hungry or dishonest. I can tell you from personal experience that it is difficult to convince a police officer that one is not driving while speaking unlawfully on the cell phone. Some months ago, I noticed across the river a plume of black smoke rising from a vehicle on the other side of the river. I called 911 and was stopped by a police officer, who told me, "Pull over, I'm writing you a summons." I said, "Officer, what does that look like to you?" pointing to the smoke rising from the vehicle, which appeared to be a bus. He said, "Oh, I'll call it in." I said, "I beat you to it." That, fortunately, ended that. Good luck to you.

As with any case, your chance of victory is dependent upon convincing the finder of fact (judge in this case?) that there exists reasonable doubt that you were guilty or responsible for this infraction. You are likely on the right track with bringing in the log. But beware a hearsay or authentication objection from the prosecutor. He can argue that the court can't know how legitimate those records are. If you ask the cell phone provider to send the records directly to the court with your ticket/file number as a reference then perhaps that would convince the judge to let them in. A sworn affidavit form someone at the cell carrier stating those were true and accurate call logs for that phone would only help. Then beware the argument, "But judge, that's one phone; does she have another? A work phone? Another personal phone? How do we know?" It's hard to prove a negative, but perhaps you could bring your spouse to say that you only have one phone. I don't mean to make a big production out of an administrative hearing, but just beware that bringing in some copies of some paperwork may not quite meet the standards that you require. Be prepared for a fight. And maybe call a local attorney! Good luck. Disclaimer: Seek local legal counsel for your best advice. Communication via this format does not establish an attorney-client relationship, or constitute legal advice, nor can I guarantee the communication to be confidential. Any answer posted is based on general principles of law that may or may not relate to your specific situation and should not be relied upon to take, or refrain from taking, any action. You should seek proper legal advice given by an attorney who is licensed in the proper jurisdiction and has reviewed the facts of your specific case.

When you arrive in court, dress nicely and be polite and respectful. Bring your phone and phone records. You should win. BTW, if you got this ticket after February 15, 2011, it carries 2 points in addition to the fine. This is a new law. Fingers crossed. Matthew Weiss 212-683-7373

Be careful! This is a TVB (TRAFFIC VIOLATIONS BUREAU) a.k.a. "DMV COURT," an administrative adjudication and the rules are not like regular courts. Many attorneys, like my colleague from North Carolina, when questioned about NYC (and Suffolk, County, NY) tickets give answers that are just plain wrong. This court doesn't give a hoot about "beyond a reasonable doubt." That is not the burden of proof at this court. The burden of proof at TVB is "clear and convincing evidence." which is a MUCH easier case for the cop to prove. There are no plea bargains - its all or noting - win or lose at trial. Cell phone ticket after 2/15/11 is now 2 points, as my local colleagues know, so think carefully about retaining LOCAL counsel. Perseverance is needed at TVB. Winning can take several court appearances over many months. Get an attorney who is in this court every day!