Cell Phone & Texting Tickets
Cell phone tickets are a very common ticket in California, and thus we have fought and won hundreds of these tickets. 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 attorneys have a number of different successful defense strategies depending on your particular situation. 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 than most people think. In this sense, the law is on your side since 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 tickets but were not actually using their phones in an illegal way. There are a number of exemptions to cell phone laws and our attorneys, who specialize in California traffic law, have extensively studied cell phone laws and crafted solid legal arguments to beat these tickets. For example, did you know that it is not against the law to dial your phone while driving? Did you know that it is not against the law to use your cell phone while driving on private property? Did you know that it is not against the law to talk on your phone using speaker mode? Did you know that 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 look into when creating your defense.
It is important to remember, that in all of this, 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. 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. 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 we can beat cell phone and texting tickets.