My mom got pulled over for using a cellphone need help with this question?

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chris

Active member
ok, my mom recently got pulled over this morning for supposedly using her cell phone, but my mom
claims that she did not use it, and the officer still gave her a ticket, and scheduled a court date for her.
what can she do about this? she claims that she didn't use the cellphone, which i believe she didn't. what can she do to avoid any charges?
 
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not2Bfooled

Member
If she can bring into court the phone statement that will show her phone not in use at the time of the traffic stop, then the case will probably be dismissed
 
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charli

Member
she will have to prove (from her cell phone provider, phone must be in her name or there is no proof) that the phone was not in use at the time the officer pulled her over (time should be listed on the ticket). Judges always take the cops word over the persons. So you have to provide concrete evidence or else it is "he said-she said".
 
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FLbeachGrl

New member
All she can really do is go to court and let the judge decide.

(So weird to me..I live in Florida and we do not have any laws about using your cell phone while driving, not even hands-free, we just aren't allowed to text while driving)
 
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RoseRed2

New member
there should be a time on the ticket.have her get records from her cell phone company to prove she was not on the phone.charges could be dropped.
 
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RandyB

Member
Take her phone records into court with her to show she didn't make a call. Of course, how she can prove that she wasn't trying to make a call but didn't get that far is a different matter.

At the end of the day it's just a ticket and she will have to decide if it is cheaper for her to just pay it or to take a day off work, spend it sitting in Court and maybe still end up having to pay for the ticket.
 
HoofArted

HoofArted

Member
This is a "He said, she said" thing. If your mom has the time to spare, she can go to the court date given to her. From there, she can plead "Not guilty" which will then prompt the judge to give her another "trial" court date.

Now I put "trial" because it is a generic version of a trial. Once at the trial court date, the officer will tell his story as well as your mom. Chances are that since it's a minor ticket and the officer who has to go to court does not get paid to be there, will not show, therefore, case dismissed.

I have done this several times with speeding and seat belt tickets and have won every time. No joke.

A lot of people though have no time to go to court and simply just pay the fine...
 
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