My husband was pulled over and accused of using his cell phone. He wasn't and the cop even looked at his call log to see if there were any recent calls, which there weren't. He was still ticketed. What are his options?
Bogus cell phone usage charge
My husband was pulled over and accused of using his cell phone. He wasn't and the cop even looked at his call log to see if there were any recent calls, which there weren't. He was still ticketed. What are his options?
Re: Bogus cell phone usage charge
Unfortunately, a call log doesn't amount to anything. The law prohibits you from using your phone, whether you're making a call or using your device for its endless amount of functions. Showing he wasn't in an active call doesn't prove he wasn't handling a cell phone. At the end of the day it's going to be the officers word against your husbands. If you wish to take it further, start by requesting a trial and then request disclosure once you receive your notice of trial.
SherryP wrote:
My husband was pulled over and accused of using his cell phone. He wasn't and the cop even looked at his call log to see if there were any recent calls, which there weren't. He was still ticketed. What are his options?
Unfortunately, a call log doesn't amount to anything. The law prohibits you from using your phone, whether you're making a call or using your device for its endless amount of functions. Showing he wasn't in an active call doesn't prove he wasn't handling a cell phone.
At the end of the day it's going to be the officers word against your husbands. If you wish to take it further, start by requesting a trial and then request disclosure once you receive your notice of trial.
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trenchknife
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- Joined: Wed May 07, 2014 2:18 pm
Re: Bogus cell phone usage charge
I assume your husband can read. His options are all listed on the reverse of his ticket.
I assume your husband can read. His options are all listed on the reverse of his ticket.
Do not take anything I say as legal advice. Only a lawyer can give legal advice. I am not a lawyer.
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