I am sick over this. Yesterday I was rushing home from a stressful doctors appointment to get my kids from school. I was stopped at a red light and checked my phone as it had been beeping like crazy with lots of incoming text messages. As I was stopped a car pulled up beside me and two men started yelling 'put down your phone'. I was stressed about the doctors appointment I just had and not in a good frame of mind and gave them the middle finger. Next thing I know the grey dodge journey puts on its hidden lights and pulls me over. I had no idea they were cops. They were both wearing a shirt and tie and in an unmarked car.
The officer who pulled me over showed me his badge, asked for my license, paperwork, told me he didn't appreciate being given the finger. He asked if I had any previous convictions and I said yes about 2-3 years ago. He said to give him a few minutes and went back to his car.
20 mins later he comes back to my window with a summons 3 to appear in court in October.
I am not sure of exact time line but I have had 1 conviction for hand held device about 3-4 years ago. I tried to fight it in court because it was a mounted GPS but I lost. Another ticket for hand held divice about 5 years ago. 2 speeding tickets within the last 7 years.
What am I facing here?
I would not imagine that the court will go easy on you given your record of prior use of hand held device convictions and that you flipped off the officers. So unless there is a fatal error on the ticket or if there is something in the officer's notes that will help my guess is you will be convicted of this. The excuse of taking kids to the doctor and multiple messages piling up on your phone are not things that will help your case.
But first you need to get disclosure of the officer's notes from the court.
And then, going forward, you need to learn to just leave the phone alone when in the car.
Markus wrote:...And then, going forward, you need to learn to just leave the phone alone when in the car.
I have very little sympathy for individuals who think tending to affairs of their lives are excuses to drive and use a cellphone. Just pull over and deal with your life and then get back on the road----don't risk the lives of others because you're too selfish to pull over.
Op clearly hasn't learned their lesson. There's a reason the maximum fine is $1000 on that charge. He/she is not going to get any reduction in court (that would be extremely wishful thinking on their part!) Instead, Op can expect their fine to be between $600-$700 (given their 2 priors). Undoubtedly, that's why the officer chose to charge under Part 3 (Summons) vs Part 1 (a ticket with a set fine)----it forces Op to go to court.
I take full responsibility for my actions. Since the ticket I have left my phone in the trunk.
My question is what am I facing? $1000 fine so be it and multiple demerit points I am guessing? I just wanted to know what to prepare for. Should I consult a lawyer or paralegal?
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