Got a false ticket
 

Ok well here it is, I though I would never get pulled over for something I actually DIDN'T do. Ok, im driving my wife's car, so im wearing the usually baggy clothes hat backwards, so I see a couple of cops, you know come and go. Then I see this one cop, right on my tail, i'm doing everything legal, signaling doing the proper speed limit, then I make a right he makes a right, then BOOM lights, im thinking this Ahole better have a good reason for pulling me over. Then he uses his damn 2 billion watt search light through the rear of my car, now im definitely blinded. He walks past me and goes straight to the inspection sticker, im thinking ok smarta$$ its not stolen.So, i'm waiting he's like drivers license. He didnt even say anything else, then I ask what seems to be the problem officer, he said I saw you on ur phone, now mind you I use my phone 90% of the time to talk to my wife. But theres no reason to use it because shes right next to me. So I was like what, officer my phones right here in the bottom near my ebrake handle, he's like yea sure whatever, then I show him my call log, look no calls, last call at 7:10 and last incoming 7 sumthin(he pulled me over at 9:50). Then he said well I saw a neon red light near your ear, then I said ok well check the car nothing neon red here, then he gives me my ticket and said if you were honest you would of not got this ticket. I said ok i'll see you in court, and im going to bring my cell phone receipt which shows all the calls I made and received, he's like ya ya. Then I drive off. And now im so pissed, my wife is trying to calm me down. What a LIAR damn corrupt cops. The funny thing is my phone is a Samsung A500, all the buttons are blue, the only thing red is when a call is connected it blinks twice red, but there was no way he can see that little light while there was street lights all over my front. Another thing he pulled me over by a dock, or something like it, all I see is alot of boats and stuff on the docks, now there has to be alot of red lights there. Anyway should I get a lawyer? or should I just go with my wife and sprint bill and all that stuff? and also my wifes phone wasnt used since 7 also. The only thing im worried about is him saying it could of bin my friends phone, or a phone I borrowed for a day. Oh I have 9 points, :rolleyes: 12 is suspension, but still that liar!!!! damn im so mad!!!. anyway any help would be appreciated. any NY or New Rochelle cops on the site? :D maybe help me out a little, :D . Thanks everyone, wish me luck .


P.s: it happened at New Rochelle, was making a right from Pelham road to some park with a pub on the side towards the park.

Get the officer's report. Look for details you can use against him. Specifically, facts that don't corroborate. If the report only mentions one cell phone, and you bring in the call log for your phone, the judge will [should] dismiss it. DON'T SUGGEST THAT THE OFFICER IS A LIAR! Any judge will make a mess out of you if you try that - even lawyers avoid that at all costs. Just suggest politely that the officer was mistaken. If the officer's report indicates there were several phones, it had better indicate who's they were. If it doesn't you're off. If it does, bring the call logs and you're off.

Here's a tip that never seems to sink in for most people: The judge will only listen to facts. Whatever you say should be fact. However, the judge will privately consider other things but won't tell you about them and won't discuss them, so don't even try. The officer would probably need pretty decent eyesight to see a cell phone, and frankly, the judge knows the officer may have just guessed wrong or maybe he just wanted to stick it to you. ...but don't worry about that part - the judge will decide that part before you open you mouth and you aren't gonna change his/her mind.

A ticket like you've got, and I'm guessing how it's worded because I don't know your state's laws, must be proven by a preponderance of evidence - not beyond all reasonable doubt. That more-or-less means the burden of proof is on you. The officer's proof is that he saw a red light near your ear. (Assume he did, because the judge will believe it whether he did or not.) Your proof is your call log and a passenger that will also testify, (I presume.) Basically, that means that it's, "the officer thinks," versus, "my phone company knows."

"So, the officer saw something near my ear - kinda glowing - red maybe - looked like a phone - maybe it was me gesturing to my passenger with my hand - or maybe it was just a light in the distance. Hard to say really, but since the phone company didn't charge my minutes for the red light near my ear, it probably wasn't my phone."

Good luck.

i'd recomend bringing your phone it's self in to submit as evidence, of the fact that the phone lights blue and not red

And try the DA first. If he see's that there's not much of a case he can let you off over the phone. A lot less trouble than going to court. He'll probably want copies of your phone records and specs and pictures of your phone.

Good luck.
Collins

Thank you everyone for your help and support.

UbeRoo, MY wife's law teacher said the EXACT same thing as you said, I definitly am not going to call the officer a liar,lol(I wouldnt dare, maybe after the court date). MY description of violation said"Ban use of cell phone" so it's one phone. My wife acutally wants to talk, and not me because she thinks I might curse him out or something which I obviously wont. But she will testify. I might say something like your honor, I was pulled over by a boat dock, there can be any numerous red lights, stuff like that. I am definitly going to bring my phone in and make sure its extra clean :D and shiny.
NomadTw. I am definitly bringing my phone in, I am goin to make it cleannnnnnn and shiny, lol =)

Collins, Is there actually a DA? for traffic violations? I thought I just get a ticket and go to court. Do you by any chance know how I can find out if I have a DA on this ticket?

Call the courthouse where you've got to appear and ask for the DA's office, from there ask to speak with the attorney dealing with traffic offences. Also, I wouldn't make excuses for the officer, You can prove you weren't on the phone and that's good enough. Most call logs can be modified or calls deleted. Your phone bill is different. Bring or send a copy of your itemized bill to the DA.

Collins

i got a REAL one today. bye bye license.

What happened? :( I got a letter from the IL SOS yesterday telling me that they are going to suspend my licence since I did not pay a ticket back in 2001. I have a proof of payment but it was not paid in Dist. 2 where the ticket originated. I ended up paying it in Dist. 1. Appreantly the two courts although they are in the same system do not communicate with each other. So Court 2 reported to SOS. I went in to pay 80 bucks to see a judge and she threw it out today. Was the court clerk pissed off. She still wanted me to pay the 50 bucks ticket (plus late fees). The judge got pissed at her and told her to shut up and got a finance clerk and checked. I was right :D I took it to my advantage and asked the judge nicely if I can get my court fees back and she ordered the clerk to pay me back.

H#ll yeah! for me.

ww111, I have a sprint bill, and It shows all the calls I make and receive, I can't modify it, I even argued with them sometimes and said I never made those calls, I felt kinda dumb it was computer controlled. That should be good, im guessing? Damn MIke sorry to hear that, maybe a points reduction class will work? good luck. Seraph pass the good luck!!!! :D

You all can share my good luck. Yeah fight this one. You have to win this one without any trouble. There are some tickets you have to fight.

Mike - sorry to hear that. I hope this doesn't mean your prices are going up. :( Keep smiling.

Dude, fight it for sure. Thats an easy win.

Sorry to hear of your 'bogus' ticket. I always tried to remind my son that at 'his age' (~23) you've still got a 'target' painted on you by the constabulary.

It sounds like one of those a--hole cops that was just looking for something to nail you with (jealous of your SVX, maybe?) (Bear in mind, as a retired vol. fireman, I know a lot of policemen and most of them are pretty straight-forward.) I've seen it before- they hit you with the "you didn't signal you're lane change"-type routine so it's their word against yours (who do you normally think the judge will believe?), except this time you can prove him wrong. I think the suggestions of proving your case with your wireless phone bill/log should get you off if you can show you weren't on the phone at the time. Keep it polite and the a--hole cop will dig his own hole- some sergeant is going to read him the riot act about not using some lame offense that he can't 'stick'.

I'm not sure what your exact law is there regarding cellphone use- but I've always advocated the use of a headset if you're going to insist on trying to talk on the phone while driving. Enough people can't talk and chew gum at the same time- they can't hardly (just) drive yet try to talk on the phone at the same time. I'd strongly suggest getting a headset and diligently using it- future problem solved.

Good Luck in court.

-Mark

Thanks, guys, all this wonderful advice is definitely going to be used. I am definitly going to fight it. I just dont understand why do I have to go through all this B.s. for something I didnt even do. :confused:

update to MY last post- I just got stopped last night by a County Sheriff. (first stop in a couple of years.) I was probably doing 71-72 in a 55 zone about 9:30PM last night. (Coming home from the Mpls. Auto Show with the wife.) He did a quick u-turn with his lights flashing on Hwy. 8 just after he went by me. Must of had a laser or something, because my radar detector didn't squawk a bit. I pulled over immediately upon seeing him in the rear-view mirror and thought (hoped?!) he might just be on his way to another call. Nope- he pulled in after me and I threw on the 4-way flashers. Long pause while he probably runs the plate through (while the wife gives me crap). He asked if I knew why he stopped me- 'No, sir' (I knew...... ) and asked if I knew how fast I was going 'Not completely sure of the exact speed, Sir' (I knew it was about 72). He asked for license and proof of insurance- I dig it out, but my insurance card is last year's- and so is the one in the glove box- and the wife's is in her other purse. He goes back to the squad car an makes me stew a while longer.

He comes back and lets me off with a verbal warning to 'keep my speed down' and to refresh my insurance card in my wallet.

It pays to be polite and cooperative.

-Mark