Video Evidence - Wrongful Charge For Hand Held Device

saftyfirst
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Video Evidence - Wrongful Charge For Hand Held Device

by: saftyfirst on

Back in January 2022, I was stopping on a red light on a quite dark one lane street while snow storming outside.

My phone was hanging on air vent phone holder in center left section under my car's infotainment screen. However, when i breaking stop at the redlight, my phone snapped off the holder and dropped to cup holder the moment i stopped. I didnt even had a time to reach it and I see the cop looking at me from rare right of my car and tells me to stop.


I explained but he never listen and insisted giving me the ticket for Distracted driving. Now I am going to appeal in court. From my past experience, officer may not have video evidence available but only a hand written note from the officer.


In this case, what's my options to fight and whats the chance to obtain video evidence ?


Please advise.

saftyfirst
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Posts: 8
Joined: Wed Feb 11, 2015 4:51 pm

by: saftyfirst on

Thank you for reply, what do you think my chance of case dismissal with only officers note ? To me, I don't see its an effective evidence to conclude I had phone in my hand for the officer to see through in dark night + snow storm.

I'm thinking to check the note to see if he even mentions the environmental condition in his note anyway.

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