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

post #1 of 49
Thread Starter 
What do you think? Worth fighting it or not? I was issued a ticket for talking on my Cell when I wasnt even using it, I explained that i was not on the phone and showed him my hands free visor mounted unit (for if i was going to use the phone) but was told that his supervisor saw me and go to court if i want. If it was any other town I think i would pay it and save the time but I don't want to give those Keansburg Asshats a dime.
post #2 of 49
If you think you are right, fight it.
post #3 of 49
Sorry to hear that Slayer, I hope you can fight it and win it. Good luck.
post #4 of 49
Thread Starter 
I know I'm right, if it was that simple i wouldn't have gotten the ticket. I had 4 tickets in the last 11 years all from Keansburg. 2 were scam parking tickets beacause the meters are not calibrated correctly and were both dismissed. The other was for being 1 day overdue for inspection, got me there, my bad.
post #5 of 49
If you do fight it, what would be your premise for the argument? I can tell you what they might use as a rebutal (depending on your approach to it) but am not certain of how you would take it on.

We could do a mock up court right here and I'll try and block your attempts, by using some cop speak, and see where you might be able to find a hole.

I actually think your only hope would be through credibility of your story but it depends on how you plan on presenting this.
post #6 of 49
Thread Starter 
I figured it wsa a no win situation actually. I drove by a guy who was parked 60 foot off the road at 50 mph, picking my teeth with a flosser and he had one of his flunkies chase me down and write me a ticket, he wouldnt talk to me or approach my car, Im sure he couldnt tell if i was flossing my teeth, adjusting my glasses or picking my nose.. I'm equally sure that he doesn't care.
post #7 of 49
Your phone call record should show wether or not you were on the phone at that time.
post #8 of 49
This is what I don't understand, you can produce any phone bill (showing the phone was not in use at the time) and state that was the phone you had. All you need is reasonable doubt and since you had a hand free device it wouldn't make sense that you would break the law.
post #9 of 49
Quote:
Originally Posted by fiddler View Post

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

That would be a good defense however he gave the ticket to the driver not the phone. Since there was no record of the cell phone serial number that he was "allegedly" using, that phone record could not be presented in court as "credible" because sometimes, people have more than 1 phone or using their wife's or whatever.

Good thought but easily discredited.

IF you contest this ticket, this would mean that

A. whoever saw you make the violation would have to appear in court along with whoever wrote you the summons as long as you KNOW that the officer that wrote you the ticket did not actually SEE or cannot CLAIM to have seen you committing the offense.

B. you would have an opportunity to question these officers and possibly take a few bites out of their credibilty AND possibly, if you can do it tactfully, shake them up a bit and make them stumble or become emotional about your questions.

C. you would have an opportunity to present a credible and professionally presented argument on your own behalf which would require YOU to be more credible than BOTH of those officers AND to do it all without showing ANY levels of spite or malice and only present facts as they truly existed.

Court does not always require you to have MORE truth that the police, just a much more credible position and if you can ask them questions that will make them appear, even if only for a second, unsure of themselves about something, you have just gained 75 yards to the goal line and your presentation of YOUR facts will carry you the other 25.

This takes a plan, a cool head and a good suit. Are you up to it Slayer?
post #10 of 49
Thread Starter 
I was on the phone less than 2 minutes before i passed him, using a hands free device, it will really be too close to call. My call log says 11:56 for 50 seconds. He put 12:06 on the summons.
post #11 of 49
Quote:
Originally Posted by Slayer View Post

I was on the phone less than 2 minutes before i passed him, using a hands free device, it will really be too close to call. My call log says 11:56 for 50 seconds. He put 12:06 on the summons.


Yea, phone record is out.
post #12 of 49
Thread Starter 
cwm27.gif not a chance. I would probably loose more than i could ever gain.
As I said, anywhere else i would pay it, but this crooked little town kills me, biggest drug area on the bayshore and all they do is sit on 36 and write tickets, burns me double that i wasn't actually doing anything wrong!
post #13 of 49
Quote:
Originally Posted by Slayer View Post

What do you think? Worth fighting it or not? I was issued a ticket for talking on my Cell when I wasnt even using it, I explained that i was not on the phone and showed him my hands free visor mounted unit (for if i was going to use the phone) but was told that his supervisor saw me and go to court if i want. If it was any other town I think i would pay it and save the time but I don't want to give those Keansburg Asshats a dime.



Just print out your cell phone bill. It should show the times each phone call was made/received with the length of time listed next to it. When I received a cell phone infraction ticket I did this and the said "Your honor, the bill clearly shows the last phone started 40 minutes before I was pulled over and the length of the call was 3 minutes. The next time the phone was in use was over 2 hours after the Ticket was issued. This shows I was not on the phone." Case dismissed.

I suggest you do the same.
post #14 of 49
Quote:
Originally Posted by vsanto73 View Post

Quote:
Originally Posted by Slayer View Post

What do you think? Worth fighting it or not? I was issued a ticket for talking on my Cell when I wasnt even using it, I explained that i was not on the phone and showed him my hands free visor mounted unit (for if i was going to use the phone) but was told that his supervisor saw me and go to court if i want. If it was any other town I think i would pay it and save the time but I don't want to give those Keansburg Asshats a dime.



Just print out your cell phone bill. It should show the times each phone call was made/received with the length of time listed next to it. When I received a cell phone infraction ticket I did this and the said "Your honor, the bill clearly shows the last phone started 40 minutes before I was pulled over and the length of the call was 3 minutes. The next time the phone was in use was over 2 hours after the Ticket was issued. This shows I was not on the phone." Case dismissed.

I suggest you do the same.

His bill doesn't show that.
post #15 of 49
Quote:
Originally Posted by Slayer View Post

cwm27.gif not a chance. I would probably loose more than i could ever gain.
As I said, anywhere else i would pay it, but this crooked little town kills me, biggest drug area on the bayshore and all they do is sit on 36 and write tickets, burns me double that i wasn't actually doing anything wrong!

Are you worried that if you win they will come after you twice as hard afterwards? This IS a legitimate concern bud but if you already have FOUR tickets from the same department, well, maybe it's time to start showing them you are not just gonna give in all the time.
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