How to Fight a Cell Phone Ticket in California
Check if an exception applies., Identify other defenses., Find witnesses., Obtain phone records., Hire a traffic attorney if you need help.
Step-by-Step Guide
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Step 1: Check if an exception applies.
California’s ban on cell phone use has several exceptions.
The easiest way to fight the ticket is to show that an exception applies to you.
Check the following:
Were you making an emergency call? The law doesn’t apply to you if you were calling the police, fire department, or emergency services.
Were you operating an authorized emergency vehicle? If so, then you shouldn’t get a ticket.
Were you operating your vehicle on private property? The law doesn’t apply in this situation. -
Step 2: Identify other defenses.
You can always claim you weren’t using your phone and that the officer is mistaken.
You can also raise these other defenses:
You weren’t moving.
You can argue you were actually parked when you were using your cell phone.
Your passenger used the phone.
The officer might have seen someone using the phone, but it wasn’t you.
You were using the speaker phone.
If you are at least 18 or older, the law allows you to do this.
You used a hands-free phone.
Drivers 18 and older can use hands-free phones like Bluetooth or other earpieces, so long as both ears aren’t covered., You’ll strengthen your case if other people can testify on your behalf.
Make sure the witness has relevant information, which will depend on your defense.
For example, your defense might be that you were using the speaker phone on your cell phone.
In that situation, someone sitting in the car with you would make a good witness.
You can make a witness show up to court and testify by serving them with a subpoena.
Get subpoenas from the court clerk’s office., You might argue that you were calling emergency services when you were stopped.
In that situation, you’ll need copies of your phone records to show who you called.
You can get copies of your phone records by contacting your cell phone provider. , California doesn’t offer free attorneys for traffic citations, so you’ll need to hire someone yourself.
Get a lawyer if you don’t know how to defend yourself or are feeling overwhelmed.
Find a traffic attorney by contacting California’s state bar or a lawyer referral service in your county.Ask how much the attorney charges.
You shouldn’t hire someone if you can’t afford them. -
Step 3: Find witnesses.
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Step 4: Obtain phone records.
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Step 5: Hire a traffic attorney if you need help.
Detailed Guide
California’s ban on cell phone use has several exceptions.
The easiest way to fight the ticket is to show that an exception applies to you.
Check the following:
Were you making an emergency call? The law doesn’t apply to you if you were calling the police, fire department, or emergency services.
Were you operating an authorized emergency vehicle? If so, then you shouldn’t get a ticket.
Were you operating your vehicle on private property? The law doesn’t apply in this situation.
You can always claim you weren’t using your phone and that the officer is mistaken.
You can also raise these other defenses:
You weren’t moving.
You can argue you were actually parked when you were using your cell phone.
Your passenger used the phone.
The officer might have seen someone using the phone, but it wasn’t you.
You were using the speaker phone.
If you are at least 18 or older, the law allows you to do this.
You used a hands-free phone.
Drivers 18 and older can use hands-free phones like Bluetooth or other earpieces, so long as both ears aren’t covered., You’ll strengthen your case if other people can testify on your behalf.
Make sure the witness has relevant information, which will depend on your defense.
For example, your defense might be that you were using the speaker phone on your cell phone.
In that situation, someone sitting in the car with you would make a good witness.
You can make a witness show up to court and testify by serving them with a subpoena.
Get subpoenas from the court clerk’s office., You might argue that you were calling emergency services when you were stopped.
In that situation, you’ll need copies of your phone records to show who you called.
You can get copies of your phone records by contacting your cell phone provider. , California doesn’t offer free attorneys for traffic citations, so you’ll need to hire someone yourself.
Get a lawyer if you don’t know how to defend yourself or are feeling overwhelmed.
Find a traffic attorney by contacting California’s state bar or a lawyer referral service in your county.Ask how much the attorney charges.
You shouldn’t hire someone if you can’t afford them.
About the Author
Brian Diaz
Specializes in breaking down complex lifestyle topics into simple steps.
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