How Fight a Cell Phone Ticket

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usually on the reverse side
on what to do if you want to fight the ticket. Read this information very carefully
because you typically have a limited amount of time to plead not guilty. In some jurisdictions you have to make a trip to the courthouse if you want to plead not guilty. Others allow you to do it through the mail or even online.Schedule a trial date. Simply pleading not guilty does not necessarily mean you must appear before a judge. Typically you must request an in-person hearing. The court clerk may assign a date for your hearing
or you may get to choose one from the courts calendar yourself. Make note of your hearing date and make sure youll be available on that date. If something happens and you cant make your court date
you may be able to change it
but it can be difficult to do so.Consult an attorney. You typically dont need an attorney to fight a cell phone ticket in traffic court. Since theres no possibility of you going to jail
you wont be entitled to appointed counsel if you cant afford to hire someone on your own. Most traffic law attorneys provide a free initial consultation
which you can use to get some advice on your odds of prevailing at trial.If you do decide to hire an attorney
keep in mind that youll probably pay more in attorneys fees than you would have spent if youd just paid the fine. However
it may be worth the expense if you dont get any points on your driving record.Gather evidence for trial. At your hearing
youll have the opportunity to make legal arguments
introduce physical evidence
and even call witnesses to testify in support of your defense. For example
if there was someone with you in the car
you may want them to testify that you werent on the phone
or werent texting
when the officer pulled you over.Phone records can be used as evidence. For example
if your phone record indicates that no calls were made on your phone immediately before the officer pulled you over
you can present that in court as evidence that your ticket was issued in error and should be dismissed.Sometimes the ticket itself can be your strongest piece of evidence. Look over it carefully and make sure there arent any errors. You may be able to get the infraction dismissed if
for example
your name is misspelled
or the officer misidentified your car. Go to court on your hearing date. On the date your hearing is scheduled
arrive at court 30 minutes to an hour before the time of your hearing. This gives you time to go through courthouse security and find the correct courtroom. Dress appropriately in clean
conservative clothing. You dont necessarily have to wear a business suit
but you should at least dress as though youre going to a job interview.Bring along your copy of your citation and any paperwork from the court. If you have documents you plan to present as evidence
bring originals along with at least 2 copies.Leave electronic devices at home. If you have to keep your mobile phone on you
make sure youve turned the ringer off. The court will have a list of other items that are not allowed in courtrooms. Check it beforehand so you dont have anything with you that might get confiscated.Meet with the prosecutor. In some jurisdictions
youll have a one-on-one meeting with the prosecutor assigned to your case before the trial begins. This meeting typically takes place in a courthouse meeting room. If you are supposed to meet with the prosecutor
you can go to the clerks office and find out where that meeting will take place.At the meeting
the prosecutor will discuss the infraction with you. They may offer to reduce the charge if you are willing to plead guilty.You can tell the prosecutor about the evidence you plan to present at trial. If you have a strong case
the prosecutor may decide not to take any further action.Argue your case to the judge. If you dont make a deal with the prosecutor
your case will go to trial. Sit in the gallery of the courtroom until your case is called
then move to the front to present your defense. The prosecutor typically will speak first. Look to see if the officer who issued your ticket is there. If theyre not
the prosecutor wont have any witnesses against you and you may win by default. When the judge asks for your defense
tell them that the prosecution hasnt proven its case against you.Address your arguments to the judge directly
speaking in a loud
clear voice. Refer to the judge as "your honor." Using "sir" or "maam" is also appropriate. Avoid arguing with the judge or talking over them.Ask about your appeal options. If the judge declines to rule in your favor
you can typically appeal the ruling. An appeal isnt a new trial. Your chances of success depend on whether there was enough evidence at trial to justify the judges decision. The court will have "notice of appeal" forms for you to fill out to get the appeals process started. Youll have to pay filing fees
typically a few hundred dollars. If you cant afford the filing fees
you may qualify for a fee waiver.If you decide you want to appeal
it may be a good idea to hire an attorney to assist you.You usually have a limited time to indicate that you want to appeal. If you want to hire an attorney
you may need to file your notice of appeal first.Research the law. The officer who pulled you over may not have been entirely familiar with the exact wording of your states distracted driver law. This can work to your advantage
since when you plead not guilty by mail youre communicating directly with the judge. Get a copy of your states law. You can also go to the public law library (typically located in the courthouse) and search for any appellate court cases that might have interpreted the law. Get the law librarian at the public law library to help you.Make copies of anything you find that applies to your situation
or indicates that your ticket should be dismissed. You can include them with your letter to the judge.Submit a letter to the judge pleading not guilty. If you are allowed to do a "trial by declaration
" you can submit a declaration of your innocence in writing and never have to go to court. Many courts have forms you can use. Include only facts that are directly relevant to the infraction. Whining about how the ticket should be dismissed because you dont want your insurance rates to go up
for example
wont do you any good.If you have any evidence
such as a copy of your phone record or a copy of a case you found with facts similar to your situation
include a copy with your letter.One advantage of fighting your ticket this way is that often the officer who issued your citation will not respond. Officers typically are more likely to show up in court than they are to respond to a declaration
which they just see as more paperwork. Wait for the courts decision. Once your letter is received
the court will submit it to the officer who issued your citation. The officer will have a deadline by which to respond. Then the judge evaluates all the information provided. You may have been given a specific date by which the judges decision will be made. Some courts simply provide you an estimated period of time.If several months go by and you havent received anything from the court
contact the clerks office to check on the status. Make sure they have the correct address for you.Request a new trial if youre not happy with the judges decision. When you have a trial by declaration
you may be able to have a new trial in person at the courthouse. Check the notification of the courts decision to find out your deadline to request a new trial. The court will have forms for you to fill out to request your trial. There may be a fee for filing these forms.In this trial
the court starts over completely
and will not consider the result of your trial by declaration. You also have the opportunity to introduce new evidence if you have it.Talk to an attorney. To get a cell phone ticket reduced
you typically need to negotiate with the prosecutor or States attorney who has been assigned to your case. If youre not comfortable negotiating with an attorney
you may want to hire your own attorney to assist you. An experienced local traffic attorney will have worked with the prosecutors before
and will have a good working relationship with them. This can help them work out a better deal than you may be able to get on your own.Read up on the law in your state. States attorneys only like to prosecute cases where they feel they have a good chance of success. If you can find something in the law that creates a reasonable doubt
the states attorney will be more willing to bargain with you. For example
in some states the courts have carved out exemptions to the law if you are consulting a map or GPS on your phone while driving. If thats what you were doing when you got the ticket
you may have some leeway you can use to get the charges reduced. The Insurance Institute for Highway Safety has a map and table that summarizes distracted driving laws in all 50 states. Go to http://www.iihs.org/iihs/topics/laws/cellphonelaws/maphandheldcellbans?topicName=Distracted%20driving#map and hover your cursor over your state for more detail.Set up a meeting with the prosecutor. The prosecutor or States Attorney assigned to your case has the authority to reduce your infraction
let you pay a smaller fine
or even decide not to pursue any further action on your case. In some jurisdictions youll automatically meet with the prosecutor before you appear in court on the date of your hearing. In others
youll need to call the prosecutors office directly and find out who has been assigned to your case.Some prosecutors will be willing to talk with you on the phone
while others will want you to come down to their office.Negotiate for a non-moving violation. While youll still have to pay a fine if you get your cell phone ticket reduced to a non-moving violation
you typically dont get any points on your license for a non-moving violation. While you may not consider this "fighting" the ticket (since you still have to pay a fine)
youll save money and stress in the long run. You wont have to worry about your insurance rates going up
or having points on your license.