Got a ticket today

[ChuckBooty]

I was flipping through the music on my blackberry and got a "texting while driving" ticket. I showed the officer my phone, showed him that it was playing music, and showed him the cables connecting it to my car stereo.

He told me, "Well...I have no way of verifying this. So I'm giving you the ticket and you can go fight it."

So my question is, how do I prove (once I go to court) that I was using music and not text messaging?

Thanks.

[ElkHunterSL]

Copy of your phone bill showing no text messages were sent or received during the time of the ticket.

[cjskalka]

you mean show no messages were sent, its no crime to receive a text message

[desmark6]

I've seen it tried several times in traffic court, hasnt worked for anyone. One guy was using a map feature/gps function.......still lost and had to pay the fine.

[Doheny]

When the law was first passed we'd all hear stories of how the driver showed the cop the phone, showed the judge the phone bill, etc., and the ticket was not issued or dismissed. I think those days are long gone.

Judging by your avatar, you like music.

[Turbinator]

I am guessing that these types of tickets have not been dismissed because the "spirit of the law" is to try to prevent (or discourage) people from becoming distracted while driving. I figure that's why built-in GPS'es in cars lock you out from entering in destinations or searching while the car is moving.

Sorry about your ticket - good luck.

Turby

[Ron-Solo]

I am guessing that these types of tickets have not been dismissed because the "spirit of the law" is to try to prevent (or discourage) people from becoming distracted while driving. I figure that's why built-in GPS'es in cars lock you out from entering in destinations or searching while the car is moving.

Sorry about your ticket - good luck.

Turby

This is probably a good summation. I haven't read the actual text of the law, but I believe there is reference to "hands free" usage, regardless of the application.

If you wish to contest it, which is your right, I suggest you do thorough research of the elements of the violation and make an informed decision how you wish to proceed.

Ron

[Samuelx]

you mean show no messages were sent, its no crime to receive a text message

CA VC 23123. (a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.

So, yes, if you are driving and receiving/reading a text ("using a wireless telephone"), you would be in violation... Same with searching the music on your phone while driving...

If it had been a simple MP3 player...

[winnre]

Even a wireless phone configured to be wireless has to have a button pushed to dial, answer, etc!

[Uhhlexxxis]

This is probably a good summation. I haven't read the actual text of the law, but I believe there is reference to "hands free" usage, regardless of the application.

If you wish to contest it, which is your right, I suggest you do thorough research of the elements of the violation and make an informed decision how you wish to proceed.

Ron

THIS! HANDS FREE... was it in your hand? yup. k..

All I have to prove in court is that you had it in your hand at the time of driving, no matter what it is you claim to be doing. I've had people say to me "I was only checking the weather.." or "I was just checking the time?" oh really? you called POPCORN eh?

If you get popped for another 23123(a) VC, it's worse.. double the amount of the original fine.

[tyrist]

I was flipping through the music on my blackberry and got a "texting while driving" ticket. I showed the officer my phone, showed him that it was playing music, and showed him the cables connecting it to my car stereo.

He told me, "Well...I have no way of verifying this. So I'm giving you the ticket and you can go fight it."

So my question is, how do I prove (once I go to court) that I was using music and not text messaging?

Thanks.

If you say exactly this your going to be found guilty.

[lorax3]

Not much you can do at this point. Since the officer would just need to play the audio recording in which you admitted to using your phone for some purpose.

It seems that section just says you cannot use a 'telephone' which seems to apply as long as the device is capable of being a telephone and it is irrelevant wether or not you are using the phone feature.

It seems things like iPods and other MP3 players would be exempt since they are not 'telephones'. (iPhones excluded)

[Mike's Custom]

Please do not come on the leo forum giving advice on how to fight a ticket. If you want to do that, do so in the Off Topic forum. That is not the purpose of this specialty forum. Thanks.

retired

Sorry...

[toby]

It don't matter he saw you on your phone and for ever reason you say it's still a phone . I got one while sitting at a red light but this is still illegal as well and it cost me $175 ouch no getting out of it!

[lorax3]

If you ever get pulled over again you need to immediately dial 911.

I would hope you are not suggesting making a fake 911 call after you are signaled to pull over just to claim the 'on the phone with an emergency operator' exemption in the above Vehicle Code.