If I received a ticket for texting but I wasn’t texting, can I fight it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I received a ticket for texting but I wasn’t texting, can I fight it?
I was using my phone to check if I would be late to school by using my gps because there had been an accident that day on the freeway so there was a lot of traffic on the street. Usually it takes 10 minutes to get to school but it seemed like forever. So I pulled my cell phone to check and I was pulled over by a cop and he saw me using my phone. He first said,
Asked on June 23, 2018 under General Practice, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You are not allowed to do anything on a handheld phone while driving--that includes pulling it out to check GPS, checking emails, etc. So even if you could prove you were not specifically texting at that time, having and using your handheld phone while driving is still ticketable.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.