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Can I fight a cell phone ticket.......and win?


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#31 hatman

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Posted June 04 2011 - 7:14 AM

Nice hatman. :clap:

Is it true you spend a good portiion of your shift looking for a little sports car with Bruins stickers on it...just to teach the tool behind the wheel a lesson? :D


he told you!??? :shock::D

on the good side of the grass.....


#32 MikeMc

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Posted June 04 2011 - 8:00 AM

1st let me state my personal feeling on the cell phone law...it's a joke. We already had careless driving on the books which covered any bad form of driving be it from using a cell phone, picking your ass, applying makeup, etc. The cell phone deal was a political hot topic that ******bags in Trenton seized upon to grandstand. Mind you, I think cell phones are the biggest distractor out there right now but again, a special statute was not needed.

As for fighting the ticket it sound like in your case it's going to be your word against the cop. The way you're talking about this town I'm guessing if it comes down to this you will lose. You aren't going against a piece of equipment like an uncalibrated meter. As for the phone records, even if you produced a phone record that showed you were not on for hours who is to say you didn't have more than one phone? Alot of people I know have one phone for work and one for personal use. Hell, I know some who carry three!

You can try telling the judge what actually occured and hope that he asks the cop under oath if he actually saw a cell phone in your hand or could it have been a flosser. Then hope the cop is honest on stand.

My guess is you'll be paying the ticket along with court costs not to mention your time. Good luck.

1 last thing, most cops are not ******bags even if your experiences have been bad.;) The problem is that most contact people have with cops is negative since it usually involves a traffic ticket. Also the press seizes on any negative cop story and passes on many good ones. I hope one day you have a real good experience that sways your opinion.

I think I've already told you of the at least 3 times that the NJSP let me go with a warning while stopped for speeding. Also had a township cop issue me a seatbelt ticket in lieu of a speeding ticket once.
As far as distractions, I think talking to someone in the vehicle is way more distracting than talking on the phone due to the fact that your tendency is to look at someone when talking to them. And let's not get started on billboards lining the highways.
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#33 MikeMc

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Posted June 04 2011 - 8:01 AM

Nice hatman. :clap:

Is it true you spend a good portiion of your shift looking for a little sports car with Bruins stickers on it...just to teach the tool behind the wheel a lesson? :D

Well, that's just good police work, if you ask me. :D
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Carpe Brewum!! - BJ

#34 Lucky

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Posted June 04 2011 - 8:29 AM

My wife got one yesterday in Denville. $130 :mad:
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#35 Sharkey N Sons

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Posted June 04 2011 - 8:30 AM

I happened upon a car once with a bumper sticker that read "write faster please, I'm OBIOUSLY in a HURRY stupid !!!" I think he might have gotten rid of it by now though....:D
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#36 Tom T

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Posted June 04 2011 - 8:36 AM

My wife got one yesterday in Denville. $130 :mad:


Mrs. (not so) Lucky.

I wish someone would give my wife a cell phone ticket, even then I'm sure it would do no good as the phone is always glued to her ear. Somehow she doesn't wreck every day, so maybe she has it figured out.

#37 cityhunter

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Posted June 04 2011 - 8:57 AM

Nice hatman. :clap:

Is it true you spend a good portiion of your shift looking for a little sports car with Bruins stickers on it...just to teach the tool behind the wheel a lesson? :D

Well, that's just good police work, if you ask me. :D


Yes hat that sticker has caused people to serve off the road many times. You may have to get the car towed to make sure that object is removed for public safety.

#38 speckhunter80

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Posted June 04 2011 - 3:57 PM

Fight it. Your bill clearly indicates you were off the phone almost 10 minutes before he ticketed you.

#39 Ditch Jigger

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Posted June 04 2011 - 7:49 PM

I don't know about NJ, but in many states, a traffic offense prosecution is a criminal proceeding, and the same burden of proof is in effect--beyond a reasonable doubt. In a real criminal case, before a jury, cell phone records would have to be certified as business records in some fashion (either by a certificate of regularity or by testimony of someone who's familiar with how records are kept)) before they could be received in evidence. However, in a traffic proceeding, the judge/hearing officer will likely just accept the records without their being certified.

Here's my guess---the supervisor who claims he saw you talking won't appear. The guy who wrote the ticket will. In a real court, in a real case, he couldn't testify that "my supervisor radioed me and told me that the driver of (insert plate # or vehicle description here) was talking on a cell phone", as that would be hearsay. In traffic court, things aren't as formal. But, the fact that the ticketing officer didn't witness the infraction himself, pout 12:06 down as the "time of offense" on the ticket, and your records showing your last call 10 minutes before, and your own version of the facts, will probably sway the judge to dismiss the ticket. Cops will always go by the time and other information on the ticket, because by the time of the hearing, they won't remember many of the finer details. The fact that you may have access to several cell accounts wouldn't be determinative, unless the burden was on you to prove your innocence beyond all possible doubt. And that's not the way it's supposed to be. ;)

Bring the little flosser-thingamabob that you use with you to court, and demonstrate how you were holding it to the judge. If nothing else, he'll give you props for giving him a chuckle. These guys hear the most boring, hashed-out testimony from cops and lame excuses from offenders all day, day in and day out. Something new and different like this will be appreciated. :D
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#40 TF3

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Posted June 04 2011 - 7:54 PM

Your phone call record should show wether or not you were on the phone at that time.


Bingo!

Get your phone records and fight it.............period.

Same thing happened to my sister..............you will win!


















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#41 AxBeetle

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Posted June 04 2011 - 8:00 PM

You can fight the ticket. You'll need the ticket and demand the dash cam from the car. That'll have a time stamp on it. Then you need your cell record (the bill for the month you got the ticket) to prove when you were on the phone and when you werent and when you got pulled over. If the dashcam has no time stamp, that should be enough to be a reaonable doubt.

The hard part is going to be getting the dashcam video for a traffic ticket. You are entitled, but they do the best to avoid producing these when the are proof of innocence.

It has been done by others and has led to discipline for false ticketing :read:
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#42 TF3

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Posted June 04 2011 - 8:22 PM

Also! If the Cop stated "my Sup. instructed me" get the Superintendent's name, make him appear!!

I feel bad for some cops, but getting bad $$ via your $$.......nope! You'll never see that in Camden!
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#43 Sharkey N Sons

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Posted June 04 2011 - 8:48 PM

I don't know about NJ, but in many states, a traffic offense prosecution is a criminal proceeding, and the same burden of proof is in effect--beyond a reasonable doubt. In a real criminal case, before a jury, cell phone records would have to be certified as business records in some fashion (either by a certificate of regularity or by testimony of someone who's familiar with how records are kept)) before they could be received in evidence. However, in a traffic proceeding, the judge/hearing officer will likely just accept the records without their being certified.

Here's my guess---the supervisor who claims he saw you talking won't appear. The guy who wrote the ticket will. In a real court, in a real case, he couldn't testify that "my supervisor radioed me and told me that the driver of (insert plate # or vehicle description here) was talking on a cell phone", as that would be hearsay. In traffic court, things aren't as formal. But, the fact that the ticketing officer didn't witness the infraction himself, pout 12:06 down as the "time of offense" on the ticket, and your records showing your last call 10 minutes before, and your own version of the facts, will probably sway the judge to dismiss the ticket. Cops will always go by the time and other information on the ticket, because by the time of the hearing, they won't remember many of the finer details. The fact that you may have access to several cell accounts wouldn't be determinative, unless the burden was on you to prove your innocence beyond all possible doubt. And that's not the way it's supposed to be. ;)

Bring the little flosser-thingamabob that you use with you to court, and demonstrate how you were holding it to the judge. If nothing else, he'll give you props for giving him a chuckle. These guys hear the most boring, hashed-out testimony from cops and lame excuses from offenders all day, day in and day out. Something new and different like this will be appreciated. :D


Truth. But you must also arrive with your ducks in a row and any questions you have for the officer written down in front of you. Cops ARE used to monkeys showing up and ranting but they are often unprepared for someone to show up ready tp impress the judge with facts and solid questions and evidence.

If you are to beat them, you must have everything you can possibly bring together including remembering his EXACT words about his supervisor. Once you can determine that one officer wrote the ticket on another officers word and then the other officer is not present AND the writing officer never SAW you talking on your phone at all, then you have gained wiggle room.

That is when you start asking the officer who DID write the summons if you pointed out your working hands free device. You then also bring out your phone bill, then you also say your were flossing and show THAT device and ask the officer (if the judge has not stopped it already pending the witnessing officers arrival OR because he has heard enough) if it is possible that you flossing MIGHT have been mistaken as talking on your phone - he will not be able to answer any of it. That is when you push for video evidence IF it exists and I am sure, if you do it all camly and professionallly, the judge will probably dismiss the whole thing by then.

Throughout it all, you must also state, with conviction, that you were NOT talking on your phone and that you NEVER talk on it while operating unless you are using your hands free device that you will ALSO have in court with you.

I definitely think it is beatable but you have to do it right and with professionalism, not emotion.
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#44 Sharkey N Sons

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Posted June 04 2011 - 8:52 PM

Also, with such a short time frame between your last call and when the summons was written, it would be easy for the officer to state that he wrote the time down on his watch after pulling you over and after approaching your vehicle and then going back to his cruiser which he could state WITH credibility, was an easy 6 to 8 minutes or so and could easily account for the time differential considering his watch might be a few minutes fast or whatever. The bill alone does not leave you much wiggle room and MUST be backed up with other facts. Once you bring them all together though, you have an excellent chance to beat this.
Anger is no more a requirement of killing,
than fear is a requirement of dying.

I'm gonna be dipping all O' my bullets in bacon grease just in case some O dem ISIS types want something special....biggrin.gif

#45 pricise10

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Posted June 04 2011 - 8:55 PM

Its going to be very tough to win a cell phone ticket here in jersey.

Good luck Slayer, I hope you can beat this ticket.

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