Contest Cell Phone Citation

Summary

If you were cited under Californias Vehicle Code section 23123.5 for holding a cell phone while driving, but were actually holding a vape pen, you may have grounds to contest the ticket. Gather evidence, such as the vape pen itself, and prepare a clear statement explaining the situation. Request a court hearing and present your case, highlighting any errors in the citation, such as incorrect violation codes. During the trial, ask the officer questions to clarify the situation and emphasize any discrepancies. Be honest, respectful, and well-prepared to increase your chances of a favorable outcome. Consider seeking legal advice for personalized guidance.

Full Conversation

I got a cell phone ticket from a chp when I didn’t have my cell phone. I was holding a vape pen
Hi ****! Were you cited under California's Vehicle Code section *.*, which prohibits holding and using a handheld wireless telephone or electronic wireless communications device while driving? This could help determine if the citation was appropriate.
Yes
****, you might have a good case since you were holding a vape pen instead of a cell phone. Here are some key points about California's Vehicle Code section *.*:
- It prohibits holding and using a handheld wireless telephone or electronic wireless communication device while driving.
- If you were not holding such a device, you might have grounds to contest the ticket.
Would you like information on how to contest the ticket or any other assistance?
Yes
To contest the ticket, you can follow these steps:
*. Gather Evidence:
- Obtain any proof that you were holding a vape pen and not a cellphone (e.g., witness statements, dashcam footage).
*. Prepare Your Case:
- Write a statement explaining the situation.
- Collect any relevant documents.
*. Request a Court Hearing:
- Follow the instructions on your citation to request a court hearing.
- Present your evidence and statement during the hearing.
Would you like more details on requesting a court hearing or anything related?
So unfortunately I have no witnesses or dash cam. I do have the vape pen to show. My argument is that I was not in possession of my cell
It's still possible to contest the ticket without witnesses or dashcam footage. Here are some steps:
- Show the Vape Pen: Bring the vape pen to court as evidence.
- Prepare a Statement: Clearly explain your situation in a written statement.
- Request a Hearing: Follow the citation's instructions to request a court hearing.
Would you like more tips on preparing your statement or any other assistance?
Yes tomorrow is my trial
Since your trial is tomorrow, here are some last-minute tips:
- Bring the Vape Pen: Present it as evidence.
- Prepare Your Statement: Clearly state you were holding a vape pen, not a cellphone.
- Stay Calm & Confident: Be respectful and composed in court.
Good luck at your trial! Do you need more tips on how to present your argument effectively?
Yes
Here are some tips for presenting your argument effectively:
- Be Clear and Concise: Stick to the facts and avoid unnecessary details.
- Practice Your Statement: Rehearse what you'll say to ensure clarity and confidence.
- Highlight Key Points: Emphasize that you were holding a vape pen, not a cellphone.
Would you like more advice on courtroom etiquette or any other assistance?
Can you look over my statement I’ve prepared?
Sure, ****! Please share your statement with me, and I'll review it for you.
I Anthony Diaz, am contesting a cell phone violation, as it was not properly written on my ticket, California vehicle code section *.5vc was written on the ticket issued June *, *. I was driving southbound on interstate * in the far left lane. A chp, driving in the carpool lane turned on their lights before sand canyon exit to pull me over. The officer issued me a citation for cell phone. I believe the officer may have mistaken my vape devices large screen for a cell phone screen. I did notice that he took a visual inspection with his flashlight to look for my cell phone which was not on me at the time. I had left it at home. Based on these facts, I respectfully request that the cell phone citation be dismissed. In addition to the above, I would like to point out that the citation issued by the officer contains an error. The violation code listed is *.5vc, while the correct code for a cell phone ticket is *.*(a)c. Given this error, I further request that the court dismiss the citation on this basis as well. Thank you your honor.
Your statement is clear and well-structured. Here are a few tweaks to make it more concise and impactful:
---
I, Anthony Diaz, am contesting a cell phone violation issued on June *, *, under California Vehicle Code section *.5vc.
- I was driving on Interstate * when a CHP officer pulled me over before Sand Canyon exit.
- The officer issued a citation for using a cell phone, but I was actually holding a vape device, not a phone.
- My phone was at home, which the officer could have verified.
Additionally, the citation contains an error. The code listed is *.5vc, while the correct code for a cell phone violation is *.*(a)c.
I respectfully request that the citation be dismissed on these grounds.
Thank you, Your Honor.
---
Would you like more advice on any other aspect of your case?
Yea
Are there any specific aspects of your case or the trial process you feel unsure about, or would you like additional tips on courtroom etiquette?
Questions for the officer
To prepare questions for the officer, focus on clarifying the situation and highlighting discrepancies. Here are some example questions:
- Can you confirm what you observed me holding in my hand when you issued the citation?
- Did you verify whether I had a cellphone with me at the time of the stop?
- Can you explain why you cited me under the wrong violation code?
Would you like more help with crafting specific questions or any other assistance?
Yes
Here are a few more questions you might consider asking the officer:
- What led you to believe the item I was holding was a cellphone?
- Did you ask me if I had a cellphone with me at the time of the stop?
- Were there any other circumstances that influenced your decision to issue the citation?
Do you need more assistance or advice on any other part of your trial preparation?
He did ask me and I told him I didn’t have it. I was having a bad day
I understand it was a tough day. Since you already mentioned to the officer that you didn't have your cellphone, you can emphasize this during your trial.
Would you like more advice on handling follow-up questions or any other courtroom strategies?
Yes
Here are some follow-up strategies for your trial:
- Stay Consistent: Reiterate that you informed the officer you didn't have your cellphone.
- Highlight Mistake: Emphasize the incorrect violation code.
- Stay Calm: Maintain composure and be respectful.
Would you like more tips on responding to potential questions from the officer or the judge?
Should I ask the officer if it was possible he mistaken my vape screen for a cell phone screen?also this question. Did you get a visual of a cell phone after looking in both my front and back seats from the windows using your flashlight?
Yes, those questions can be very helpful. They can highlight the possibility of a mistake and bring attention to the thoroughness of the officer's inspection.
- "Is it possible you mistook my vape screen for a cell phone screen?"
- "Did you get a visual of a cell phone after looking in both my front and back seats with your flashlight?"
Do you need any more help with crafting questions or courtroom strategies?
Yes more questions
Sure, here are a few more questions you could consider asking the officer:
- "Can you describe the specific actions or behaviors that led you to believe I was using a cellphone?"
- "Did you observe me interacting with the vape device in a manner similar to using a cellphone?"
- "Were there any other vehicles or distractions that could have influenced your observation at the time?"
Would you like more assistance with your trial preparation?
Anything else I should know
Here are a few additional points to consider for your trial:
- Be Honest: Ensure all your statements and answers are truthful and consistent.
- Be Respectful: Address the judge and officer respectfully.
- Dress Appropriately: Wear formal attire to show respect for the court.
Would you like more tips on courtroom etiquette or any other assistance?
Yes
Here are some final tips for your trial:
- Arrive Early: Get to the court early to avoid any last-minute stress.
- Body Language: Maintain eye contact and a calm demeanor.
- Listen Carefully: Pay attention to questions and take a moment to think before responding.
- Documentation: Bring all necessary documents, including your citation and any notes.
Good luck, ****! Do you need any more assistance?