Cell Phone & Texting Tickets
Cell phone tickets are a very common ticket in California, where the law prohibits all drivers from using cell phones while operating a vehicle. The second law prohibits texting while driving. Fines for these tickets start at $148 for the first offense, and jump up to $256 for each subsequent offense.
Cell phone tickets will appear on your driving record with the DMV, and will also be reported to your insurance carrier. However, many cell phone tickets are issued either incorrectly or unfairly, and our skilled attorneys can detect these mistakes and counter with solid legal arguments.
Our traffic ticket attorneys have several different successful defense strategies, depending on your particular situation.
How to Fight Cell Phone & Texting Tickets
The officer that gave the citation has relied solely on his/her personal (subjective) visual judgment, usually from within their patrol vehicle a good distance away, and proving your guilt can be more challenging.
The law is on your side. You have the Constitutional right that:
1. An accused is innocent until proven guilty in a court of law, and
2. The government has the burden of proving that an accused has committed the crime charged beyond a reasonable doubt.
Many people receive these cell phone and texting tickets but were not actually using their phones in an illegal way. There are several exemptions to cell phone laws and our ticket attorneys, who specialize in California traffic law have extensively studied cell phone laws and crafted solid legal arguments to beat these tickets.
Again, we don’t necessarily need to prove that you are innocent, but rather to create enough reasonable doubt that you violated that specific vehicle code. If we can find one weak link in the chain, the whole case against you will fall apart due to insufficient evidence.
We can help. Call 1-800-203-6606 for a free quote today!
If the officer is unable to prove every element of the alleged violation with sufficient evidence, the case should be dismissed. If the officer fails to submit his/her declaration or do so on time, this too is grounds for a full dismissal. Thus, there are many ways our attorneys can beat cell phone and texting tickets.
Cellphone Ticket Facts
DID YOU KNOW?
– It is not against the law to dial your phone while driving.
– It is not against the law to use your cell phone while driving on private property.
– It is not against the law to talk on your phone using speaker mode.
– It is not against the law to use GPS on your phone while driving.
These examples, and many more, are just some of the circumstances that we investigate when creating your defense.
It is important to remember that the burden of proof is NOT on us to necessarily prove that you are innocent, but rather for the officer to prove beyond a reasonable doubt that you are guilty of every element of the alleged violation.