Receiving a cell phone ticket in California can be a frustrating experience, especially if you believe the ticket was issued unfairly. Fortunately, there are steps you can take to fight a cell phone ticket in California effectively.
Understanding California’s Cell Phone Laws
Before diving into how to fight a cell phone ticket, it is crucial to understand the relevant laws. In California, it is illegal to use a handheld cell phone while driving unless you are making an emergency call. The California Vehicle Code Section 23123 outlines the specifics, with exceptions for hands-free devices.
Common Violations Under Section 23123
- Holding a phone while driving
- Texting while driving
- Using a phone without a hands-free device
- Underage (under 18) drivers using any phone device
Steps to Fight a Cell Phone Ticket in California
Successfully contesting a cell phone ticket involves a series of steps. Here is a comprehensive approach:
1. Gather Evidence
Photographs, witness statements, and any other relevant evidence can strengthen your case. Document the time, date, and circumstances surrounding the ticket.
2. Review the Ticket Details
Examine the issued ticket for any errors or inconsistencies. Small details, such as incorrect times or locations, may invalidate the ticket.
3. Research the Law
A thorough understanding of California’s cell phone laws can help you identify any legal gray areas. This knowledge will be crucial when presenting your case in court.
4. Prepare Your Testimony
Prepare a clear and concise statement to present before the judge. Rehearse this in advance to alleviate any nervousness on the court date.
5. Hire an Attorney
If the case is complex or if you want to maximize your chances of success, consider hiring a traffic attorney with experience in contesting cell phone tickets.
The Process of Contesting the Ticket
Understanding the procedural aspects of contesting your ticket can make the process smoother.
File a Not Guilty Plea
You must first enter a not guilty plea to contest the ticket. This can be done via mail or by appearing in court on the date specified in your citation.
| Method | Advantages | Disadvantages |
|---|---|---|
| Convenience, no need to appear in court | Potential delays, lack of personal interaction | |
| In-person | Immediate acknowledgment, ability to present initial arguments | Requires time, potential for missed days at work |
Request a Trial by Written Declaration
This allows you to present your case in writing, potentially saving you a court visit. In a Trial by Written Declaration:
- Submit a written statement to the court
- Include all evidence supporting your case
- The officer will also submit their declaration
If the judgment is not in your favor, you can request an in-person trial.
Attend the Court Trial
If you opt for a court trial:
- Arrive early and be prepared
- Dress appropriately to show respect for the court
- Present your case logically and respectfully
- Be prepared to question the issuing officer
Possible Defenses
Hands-Free Device
Argue that you were using a hands-free device, which is legal under California law.
Emergency Situation
If you can prove that the cell phone use was due to a genuine emergency, the ticket may be dismissed.
Officer Error
Show inconsistencies or errors in the officer’s statements or actions.
Incorrect Details on the Ticket
Any incorrect information on the ticket, such as the time, date, or location, can be a strong defense.
Consequences of a Cell Phone Ticket
Understanding the potential consequences can motivate you to fight the ticket more rigorously.
Fines and Penalties
Fines range from $20 for a first offense to higher amounts for subsequent violations. Additionally, you might incur court fees and higher insurance premiums.
Points on Your Driving Record
A cell phone ticket can add points to your driving record, leading to possible license suspension if accumulated.
Increased Insurance Rates
Insurance companies may increase your rates if a cell phone ticket appears on your driving record.
Conclusion
While fighting a cell phone ticket in California may seem daunting, following these steps can improve your chances of success. By gathering evidence, understanding the law, and preparing a compelling argument, you can effectively contest the ticket and possibly get it dismissed.