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Getting A Handheld Device Ticket Reduced
Posted: Mon Jul 14, 2014 10:57 am
by NeXu5
I recently got a handheld device ticket cause I was trying to find direction to somewhere.
The cop saw me looking at my phone when he was beside me (at a red light), not behind me, so would there be video evidence of this if I decide to go to trial?
I don't mind paying a fine but $280 seems like a lot for the minor offense. I was wondering if anyone has had any luck with getting this ticket reduced after meeting the prosecutor.
MANY years ago I got a ticket for going through a stop sign and then I met the prosecutor and it was reduced to failure to obey a sign, but as far as I can tell there is no lesser offense for the handheld communication device offense.
Any help would be greatly appreciated.
Re: Getting A Handheld Device Ticket Reduced
Posted: Mon Jul 14, 2014 5:01 pm
by bend
NeXu5 wrote:The cop saw me looking at my phone when he was beside me (at a red light), not behind me, so would there be video evidence of this if I decide to go to trial
If there is, it will be provided upon request. If there isn't, he saw you anyways. He doesn't need anymore evidence against you other than his eyeballs.
Handling your phone is a ticket unless it's mounted.
It doesn't matter if you're calling someone, texting, using gps, checking the weather, etc. It also doesn't matter if you're at a red light. Unless you are legally parked, you are still considered driving.
Could you be offered a lesser charge? You'd have to discuss that with the prosecutor. You'll have that chance whether you select early resolution or trial.