I know it's nothing new to complain about cops on DL but this has me amazed at how stupid and hard headed some of these cops are.
I just got a ticket for allegedly using my cell phone while driving. What the cops saw, was me pick up my cell phone off the dashboard of my car (where I'd put it after making a call. I'd pulled off the road and into a parking lot before I'd made the call) and put my phone in the cup holder. What they said I did, was pick up my phone and use it.
Both of the cops said they saw what happened. I showed them my phone, where the only recent call in or out had been 15 minutes before they pulled me over (the call I had pulled off the road to make), and the last text I'd made or received was over two hours before that. One cop was an asshole about it, said he absolutely saw me use my phone, while the other cop said that I "probably" did what I claimed to have done.
I think the asshole cop must have outranked the other because I got the ticket anyway, but not until the asshole cop said something about needing to show they'd had a reason for stopping me.
Does anyone know if I could contest this ticket?
If it can contest the ticket, would even be worth it for me to go to court to fight this?
Or should I just pay it?
If I do go to court to contest this do I need a lawyer?
Sorry if these are dumb questions, but in over 15 years of driving I've never gotten a ticket.
There should be instructions on the ticket itself regarding contesting it. Contest it just for the principle.
Does the ticket have a time on it? Just produce your detailed cell bill in court to prove you didn't use your phone when they claimed you did. We have cell law usage where I live, and I know many cases such as yours get thrown out in court because of the relatively easy ability to prove you didn't use your phone. Interestingly, if you study cell phone usage and accidents, you'll find the incidence rate of accidents is comparatively low to, say, people causing accidents through other distractions (such as changing radio stations/playing stereo). The laws themselves, though, cost a lot in terms of enforcement (police & court costs, particularly when cases get thrown out).
Who fucking cares?
Most cops are assholes, welcome to reality. Contest it. You shouldn't need a lawyer, though some places have begun hiring prosecuting attorneys for traffic violations (Due to the large number of cases being dismissed), so you may want to find that out before you decide to contest. Good luck.
I've only ever gotten a ticket for an expired inspection, but get pulled over ALL the time. I'm young and drive a nicer car and I think I get profiled for it. I'm not really a much of a drinker, so I usually DD when I go out with friends. I've been pulled over at least 6 times for 'reckless driving' and the cops gives me a ton of shit at first and seriously starts making shit up(I know its most likely him coming up with the lies he's going to put in his report had I actually been drinking). After a few minutes they realize I'm stone sober tell me to drive safe and some BS about being a good person for making sure my friends get home safe. I smile, say thanks, and give them the finger as soon as they walk away. God I hate cops.
I don't drive much here but I used to get pulled over all the time in Houston. Never got a ticket.
absolutely contest it The cops will never show up in court to testify aqnd it will be thrown out.
Actually, r7, in my area, cops are required to show in court on the days their violations are up for judgement. That said, OP, I would absolutely contest it, just be well prepared with a photo of the cell phone screen you showed the cops and copies of your cell phone usage.
You mentioned that they said they had to have a reason to pull you over, what was it!? Have a defense ready for that too.
Examine every detail of the ticket for any discrepancies you can argue. . . . weather, location, time, etc. . . A good offense is your best defense.
OP, you have my deepest sympathy, but you know they will probably win if you contest it--they always do it seems, unless of course the cops don't show up in court when your court date comes. I also think most cops are assholes and here in California I think they have been instructed to always go for the ticketing and not let anyone off because the fines go into the "General Fund" and California is as good as broke right now. I myself don't have a cell phone so I'm not sure what the fine would be.
I have always thought that if there is a god he will create an opportunity for me to paddle the asses of the cops who unjustly ever gave me tickets. I keep a ping pong paddle in the car just in case.
Were are you OP, in LA they rarely show up, I have beaten 4 out of 5 tickets because the cops don't show.
And check the time on the ticket and as suggested up thread, show up in court with your cell phone bill and no calls made at that time.
Were they hairy, tatted and hung and did they turn you on big time?
Why did you leave the phone on your dash for 15 minutes, then decide while driving to pick it up to put it away?
Shouldn't have showed it to them, OP, they can adjust the time on their report to match the time on your call. You should have waited and contested it in court. They would not have showed up.