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Video evidence - Wrongful charge for hand held device

by: saftyfirst on

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saftyfirst
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Video evidence - Wrongful charge for hand held device

Unread post by saftyfirst »

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.

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.

bend
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Re: Video evidence - Wrongful charge for hand held device

If there's video evidence, it will be provided upon request. More times than not, there isn't any. If not, you'll likely just receive a copy of the offers notes.

If there's video evidence, it will be provided upon request.

More times than not, there isn't any.

If not, you'll likely just receive a copy of the offers notes.

saftyfirst
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Re: Video evidence - Wrongful charge for hand held device

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.

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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