I don't know what its like over there, but here we get a letter that you can respond to, I'd respond with a photocopy of the phoen records attached, they should scratch it without even taking it further at that point.
Received a Ticket for using a BoxMod today
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FIGHT IT, you did nothing wrong. You also should have showed him the phone to prove that it was not used at that time. These phones show when anything was being used at the precise date and time. You will win in court and make a fool out of this cop for his error. The police need to be informed with these so this does not happen more often.
I havent read all the posts on this thread and maybe I am playing devil's advocate, but the cop, or the court could say that you are presenting a cell phone bill for one phone and that you have another account or cell phone that you were using instead of the one you are presenting the bill for
First some people (in general, not that I have seen here
) mistake passiveness as weakness. In situations like these, appearing passive but thinking a move ahead will benefit you. To answer your question, no, the only time documenting what you had in your car was at the time of the citation being issued. He obviously wasn't interested or you wouldn't have gotten the ticket.Even if the locals were wiling to cross affiliations over a traffic ticket, all they would be able to verify is what you had in the car when you took it to them and not what you had at the time of the citation. ;-)
Cops are like any other person when it comes to feeling threatened and despite the macho, robo-cop image so many like to portray, they get concerned if they feel a fight, even in court is coming up. Best thing you can do is not have any further contact with them and just show up in court with your PV, cell phone and records and a courteous but confident attitude.
The other posters are correct that it can be disputed and you can't prove otherwise that the phone you carry is the one or only one in your car at the time of the stop. Without going too deep into it I'll just say that a Criminal act (burglary, robbery, etc) require "proof beyond and to the exclusion of any reasonable doubt" that someone committed the act to be convicted.
Your ticket is a Civil infraction. All Civil cases are based on a "preponderance of evidence". In other words if the judge or arbitor in your case feels 51% sure you are telling the truth, you would prevail. If the judge feels neither you or the officer can offer proof, then a "50/50" split also means the ticket goes away.
The purpose of carrying the documentation is to show a good faith effort on your part that you are telling the truth. That's it. And as I said the first response, if he says you did and you say you didn't and neither of you have witnesses, you are at a 50/50 scenario. I doubt the cop will bring video but if he did, he would likely be shooting himself in the foot.
If the dash cam can't show whether its a cell or box mod, logic dictates the cop couldn't either. Good luck and let us know how it goes!
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Then they would have to prove that. Most people have only one phone. It was the stupidity of the officer that made the conclusion that it was a phone and he should have checked the phone and see the last call on it. I know some police officers that will check the phone and show the offender.
I agree and that's one reason why I feel that based on the OP, they will prevail. In 27 years I ran across too many superiors and then later subordinates that never quite got it through their head that "because I said so" isn't a valid reason under non-life and death circumstances. ;-)
I can clear my phone log in about 3-4 seconds on an android phone cant imagine it takes much longer on others. Not that I do it, we can talk on cell phones all we want in a car in VA...I'm just saying
Edit:Might even be a one click app that does it for you even
Edit:Might even be a one click app that does it for you even
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True but that doesn't erase the call log the cell provider has. It's not for minor instances like traffic violations of course but one thing the CSI type shows on television do get right is that not only are call logs kept but they can even triangulate where you were with a few yards when each call was made. I have used that myself working major crimes such as a homicide.
I thought you meant to actually check the phone itself, not call it in and have the phone records pulled from the cell phone provider on the spot.
One of my friend's sister's uncle got a ticket for pickin' his nose while driving in Ohio. True story.
What's the fine on a ticket in CA? In WA it's over $100.00. For phones or no seat belt.
Fight it, bring cellphone records, case closed. Personally id jump at the opportunity to show the police they were wrong!! SEE, SEE, I TOLD YOU, SEE.
Stupid situation, but in defense of the officer, it probably looked like you was on a cellphone and you wouldn't be the first person to lie to an officer of the law so what did you expect him to do, take your word for it? And I guess that brick of illegal contraband in the trunk really is your friend José's!!
And count your blessings bud, he could've accused your box mod of being drug paraphenelia and hauled your ... down to the slammer. Its inevitably going to be the story of at least 1 vaper on this forum, fortunately its not you!
Stupid situation, but in defense of the officer, it probably looked like you was on a cellphone and you wouldn't be the first person to lie to an officer of the law so what did you expect him to do, take your word for it? And I guess that brick of illegal contraband in the trunk really is your friend José's!!
And count your blessings bud, he could've accused your box mod of being drug paraphenelia and hauled your ... down to the slammer. Its inevitably going to be the story of at least 1 vaper on this forum, fortunately its not you!
If you're really worried, the cell provider CAN prove that was the phone in your car. Assuming the phone was on (but doesn't have to be in use), their records (if they haven't been wiped yet) can show which tower your phone was in contact with. That should be more than enough to prove it was the phone in your car, and combined with call logs show you weren't using it. It won't tell you EXACTLY where the phone was, but a general area based off which tower you were in communication with (phone is always talking to a tower).
That's actually kind of creepy. Its the reason I turn off the gps on my phone. I know Google is up to no good with all their data collecting they do with the android phones,gmail and such. Yeah I know if i get into an accident and don't know where I am at they use it to give my location to Fire and rescue, but if I am hurt to the point I don't know where I am at I probably wont be able to find or use my phone anyway.
Offtopic but creepier is how my iPod headphones plugged into my computer turned into a microphone when someone invited me to a voice chat on yahoo messenger and I accidently clicked yes despite not having a microphone hooked up, soon after which she informed me she could hear what was going on in the room around me.
Does that mean I could hack into your computer and listen to conversations going on in the same room as the computer (or cellphone?)?? Thats NSA stuff right there.
There's a microphone in the headphones that can be used for speaking, like with a cell phone.
If you had auto-answer on, and had your headphones plugged in, they could hear you. There is software that can accomplish this too on some computers with the right built-in equipment, and can even connect to webcams. I can connect to my computer from my iPhone or iPad and see exactly what is happening on the screen without the person who's at the computer knowing. Don't tell my kids
Yes, there have been cases in the public news of stalking via cellphone. The camera and microphone CAN be remotely activated even if the phone is off, but the battery is plugged in. This is why the US Military does not allow cellphones (or any type of electronic device really) anywhere near classified material/areas, the risk is there and doesn't require NSA level knowledge to do.
A few years ago, at one of the big IT security/hacker conferences, someone showed off a proof-of-concept that really should scare you. Basically, because of the lack of any real security in cell phones, he was able to produce his own cell tower. Cell phones will connect to the strongest signal (generally determined by location), so if you were physically close to his homemade tower (it was just a little box) your phone would authenticate to it. He could then redirect your calls, record them, refuse them, etc. Whole set up cost about 1000 USD.
Ohio is weird... They make semis drive 55 on the interstate too. From living in Indiana (where semis have to drive 60) I can tell you its a pain for cars too when semis have to go slower than everyone else.
Think about it about half the people on the interstate speed... so you have all these cars speeding, all the semis driving 5 (or in Ohio's case 10) under, and you're just trying to do the flipping speed limit because you're poor and can't afford a ticket.
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