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2 years, 7 months ago

How to get off a driving while talking on cell phone ticket? What would you say to the judge?

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lonlonrancher | 2 years, 7 months ago
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Your best bet isn't actually to take it up with the judge when the session begins, but with the police officer who ticketed you before you go inside. Tell them you intend to contest the ticket, asking for no points on your license if you agree to pay the fine. This saves you more money in the long run than because of car insurance, and is more likely to work than pleading not guilty and coming up with a lame excuse.

If this is a first ticket, the police officer will very likely offer to change your ticket to a lesser traffic offense that carries no points and is likely a less expensive fine. The judge will usually ask why you deserve this generosity from the police, and you show him a head set you've bought to use in the car and your driving record and prove you won't do it again.

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theone | 2 years, 7 months ago
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Depends on your age. Sounds like you might be young and stupid.
Be honest and tell the judge, "Your honor, I apologize for being young and stupid. I realize that I put myself, and those around me in mortal danger. I will not drive while distracted in the future, and will try to educate my peers me not to either. My premiums going up as a result of this is a lesson in itself, and consider this is a lesson learned."

Before you sit down say, "Charcha out!" and give him the peace symbol.

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charcha | 2 years, 7 months ago Report

The stupid part might be right, but this is question is for a family member that's over 60 years of age. I do like the Charcha out! tactic.

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dreadpiratemolly | 2 years, 7 months ago
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......or you could just hire a ticket attorney. Usually they get the case thrown out and all you owe is $100 or the price of a ticket. If this is your first offense, then odds are the attorney can get it thrown out.
source(s):
personal experience

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kricac | 2 years, 7 months ago
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Whatever you do, be aware setting you free is purely up to the judge.

In missdemeanor cases there is no burden of evidence. Evidence needs to be provided only in criminal cases and this is not it. You can not dispute the ticket on the ground of evidence.

So I'd do it like this:

- admitt
- say you're sorry
- be humble
- say this will be a good lesson for you for the future
- promise not to do it again

I'd also go out and buy a wireless bluetooth headset and take it to court with me. And while saying I'm sorry show it to the judge proving I'm taking the issue seriously.

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charcha | 2 years, 7 months ago Report

I agree, a wireless or wired headphone is needed.

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gjp | 2 years, 7 months ago
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Tell the judge your sister was going in to labor so you were expecting the phone call and had to answer

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charcha's Avatar
charcha | 2 years, 7 months ago Report

That would be a very good "lie" but, I don't think the judge will buy it. I'm sure the judge has heard that line told too many times. Your answer is great, it's just that I don't want to lie about it. I was thinking something like, asking the police officer to show prove or etc...

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silverhammer | 2 years, 7 months ago Report

And by saying you you admit guilt (that you really were talking on the phone). So that's not such a good idea.

When it comes to your word against a cop you'll lose. Besides, your phone records combined the timing on the ticket will prove you are committing perjury.

Your only hope is to plead guilty and request a fix-it order (or at least a reduced fine) so that you can use the money you save on the fine to buy a wireless solution for your phone.

Never try to waste a judge's time. Sit in traffic court for a couple hours, you'll hear all kinds of crazy excuses and the judge has heard them all. Your story will not be new or interesting. Be polite, don't waste the courts time, thank the judge and pay the lady.

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