Received a Ticket for using a BoxMod today

[skish]

Nothing like starting your day by getting falsely accused of something.

Got pulled over by the CHP while puffing on my BoxMod this morning. Cop says I was using a cell phone and not the BoxMod and proceeded to issue me a ticket. Sure, there was a cell phone in the car but it hasn’t been used it in over 3-months. I guess I could get a copy of the cell phone records and try to fight it in court but what a hassle.

Sure I can easily understand how it might look like I was using a cell phone (especially while resting my elbow on the arm rest and boxmod at neck height), but this cop was a total D-HEAD and was 100% convinced I was talking on my cell phone when in fact I WAS NOT!!!

I haven’t dealt much with the law before and this seems more of a principal issue than a money issue. And it’s going to come down to his word over mine (along with maybe the phone records for a phone that's actually not even mine along with the boxmod itself).

Any suggestions and/or advice?
Grrrrr....

 

[Diablo]

Cant use a cellphone while in your car? What country is that in?

Just kidding, that totally sucks man, I would take it to court and fight it.

 

[sidetrack]

If it was me I would have phone records in hand and fight it...........

 

[LegioX]

Thats absolutely absurd. I would take it to court, often times the cops don't even show up. But if you can get the records of that phone and prove that you weren't making a call then it might be worth the satisfaction of proving him wrong. In the end though, its your time and frustration verse paying a fee - you're choice!

@ Diablo - lol, I know I live in NY and its illegal to be operating a cell phone while driving. I also thought I remember someone proposing a bill that it was illegal to be holding anything in your hands while driving, i.e., a cigarette, PV etc. I should look into that one

 

[Valsacar]

Thats absolutely absurd. I would take it to court, often times the cops don't even show up. But if you can get the records of that phone and prove that you weren't making a call then it might be worth the satisfaction of proving him wrong. In the end though, its your time and frustration verse paying a fee - you're choice!

@ Diablo - lol, I know I live in NY and its illegal to be operating a cell phone while driving. I also thought I remember someone proposing a bill that it was illegal to be holding anything in your hands while driving, i.e., a cigarette, PV etc. I should look into that one

It's more than just the principle and the fee, that ticket is now on his record. I would fight it, and it should be easy (might not even have to go all the way to court). First thing would be to get a copy of the phone records (that one, and any other cell phones that might be in your name). The ticket should have a date and time on it, prove that the phone was not in use anywhere near that time. Then I'd stop by the police department, evidence in hand, and they might be able to reverse it on the spot. Otherwise you might need to go through the court system, but always remember to BE POLITE.

You know he was wrong, but he knows that he hears tons of stupid excuses all day. Just be polite, explain what happened, show your evidence and it will probably go away without a fuss.

 

[Iffy]

Oh man! I know exactly what I'd do, but I'm retired and have the time and money to fight a BS ticket. I'd get the phone records, my mod box with some vaping docs and strut into the courtroom. If the ticketing LEO was not present, I would request that the proceedings still continue (fat chance with the case loads). I would love to expose the ignorance and arrogance of said LEO.

Please keep us posted!

 

[WomanOfHeart]

Like everyone already said, get your phone records and go to court. Chances are the ticketing officer isn't going to make it to court, so it might get thrown out, but it doesn't hurt to be armed with your evidence.

 

[squirrel64]

Even if it's an emergency phone it's activated and you should just be able to pull up a record online. Don't let anything appear on your record if you didn't do anything wrong. JMO

 

[Jennie O]

I agree with fighting it, but don't get why he believed cell phone over the box mod? How could he prove or assume that if he saw both? Mod should be warm from your hand anyway, phone would've been only if just used. (I missed my calling....)

 

[otrpu]

Me too. I'd fight it, and maybe ask the judge if the officer's eyesight ought to be checked. JMHO

Cheers,
otrpu

 

[MustangSallie]

Ugh, that really stinks. Might be hard to fight this though unless you got the cop to take the number of the phone in your car so you could prove that's the same phone as the one you're presenting records for. Especially since the phone isn't yours and is therefore, probably, not in your name. Good luck!

 

[Jerk]

If you can I suggest writing a letter disputing the charges before taking it to court. If you have a good record and are polite they may consider a a warning or something.

 

[jj2]

I totally agree, fight it.

 

[doots]

fight it ,,,

 

[Nomoreash]

Unless you have a phone I haven't seen in ages it would have a listing of the calls made and received stored in the phone with time and date. Sure they can be erased or reset but not before he pulled you over.

Anyway fight it, you had a phone and a pv in the car, easy to mistake them from a distance and he wasn't in the car with you. You'll get off on this one.

 

[Diablo]

About 10 years ago I was driving on the interstate about 10am and I was tired. My head was jerking up from trying to fall asleep. I got off the interstate and pulled off the shoulder on the get on ramp to the interstate, just to close my eyes for 15 mins. About 10 mins later a state trooper knocked on my window waking me up and wrote me a ticket for failure to obey highway signs(was a no parking sign 20 ft in front of my car)which is a moving violation and 3 point ticket. I explained to him I almost fell asleep so I pulled over and he wanted to hear no part of it. I took the ticket to court and told the judge my story with the trooper standing right next to me in the courtroom. The judge said to me the next time I ever felt like I was going to fall asleep to just do what I had done because that was much safer to me and the public and he tossed the ticket out.

Now its different than your mishap, I technically did violate a law but I am just commenting to show you that a judge may have a totally different take on what happened than a cop did. You don't need a lawyer to go to traffic court just the time it takes to sit and wait for your name to be called. Not sure if the phone records would help but it cant hurt and I would bring the phone in question along with the mod so the judge can see both and decide who he believes.

Good luck with it



D

 

[skish]

Thanks everyone for your input!!!

Yes, I WILL be fighting it... fighting for the simple principle of it (even if it costs me time and money). I'm just waiting to see if my former gf is able to acquire the phone activity (since it's her phone).

MustangSallie: Yes, that's my primary concern; that the phone's not mine and it'll be up to "the powers that be" to believe the phone activity is associated with the phone that was in my car. Maybe I'll have my former gf sign some sort of affidavit. Or maybe I should have called 911 when the officer was present so I had a record from the actual phone in question.

Yeah Diablo, I can only hope I get to go before a logical Judge like you did.

Funny how after all these years I've never owned, needed or hardly know how to use one and I get a ticket for "supposedly" using one. In the mean time, I've moved the phone to a jack in the rear of my Highlander so no one can accuse me of using a cell phone while I'm vaping-n-driving.

Will keep you posted how this pans out...

 

[ogredog]

Pay it. heres why. tickets are a scam, they only hurt us poor people not the rich. You will take a day off go down there and half of the time you will have to reschedule for another day. 2 days missed work, so if principle means that much to you go for it-the cop doesnt care, the judge wont care but may exhonarate you...Happened to my mother in law (well ex) and my co-worker whom I work very closely with. B.S. I was falsely arrested and spent a night in jail bail was $3000 all because some one points a finger at me and all because the cop wanted to let the courts figure it out. I'm in Socal. Socal Russia lol

 

[DaDoc]

wow that sucks i would fight it to the end !!!

 

[Diablo]

I'm in Socal. Socal Russia lol

haha

what would northern cali be called, heard SF wanted to ban circumcision and you cant sell pets in a store anymore



D