Fight a Cell Phone Ticket in California

California law prohibits drivers from making telephone calls or sending text messages on a handheld cell phone while traveling. Drivers under 18 cannot even make hands-free calls.[1] If you do receive a ticket for using a handset while driving, you have some options for contesting the violation. Try these tips to fight a cell phone ticket in California, starting with developing your defense strategy and then asking for either a court trial or a trial by mail.

Steps

Decide How You're Going to Defend Yourself

  1. Argue that you were using your cell phone for an authorized purpose. You can use a cell phone while driving, according to California law, if:
    • You are making an emergency call to 9-1-1.
    • You are on private property.
    • You are operating an authorized emergency vehicle.[1]
  2. Tell the court that you were not making a call or texting with your phone. Smartphones have many other purposes. For instance, you may have been checking driving directions or bringing up music on your phone.
  3. Contend that you were parked. If your vehicle wasn't in gear, and you weren't moving, then you may be able to argue that you weren't "driving" and therefore aren't liable for the ticket.[2]
  4. Submit copies of your phone records. If you can bring records to court showing that you were not speaking or texting on your cell phone at the time of the ticket, then you have a good chance of beating the ticket.
  5. Contact your witnesses if you decide to go to court. Let them know that they may be called to testify at your trial.

Fight Your Ticket in Court

  1. Stall for time. If the issuing police officer doesn't come to your court trial, then your ticket will be dismissed. Stall for as long as possible to increase the chances that he or she will not attend.
    • Request a change of venue. If your request is granted, the police office will have to drive out of his or her way to attend the trial, which makes attendance less likely.
    • Ask for extensions. Extend your court date as long as possible so that the officer is less likely to remember the incident well.
    • File a discovery request to see the prosecutor's evidence. The prosecuting attorney may try to direct you to another agency, but providing evidence is his or her job. Specify in your cover letter that if the prosecutor doesn't comply in a timely manner, your case will be dismissed. Mail the letter certified mail, return receipt.
  2. Appear in traffic court on the given date at the required time. Make sure that you are well-groomed and well-dressed for your appearance.
    • If the traffic officer does not show up in court, then your ticket will be dismissed.
    • If the officer does attend, then he or she will present their account of the event first. Then you will be given a chance to respond. Present your defense strategy and any witnesses that you may have at that time.
  3. Listen and respond to the verdict.
    • If you are found not guilty, then the ticket will be dismissed and will not go on your driving record.
    • If you are found guilty, then request to attend traffic school. You will have up to 90 days from your court date to attend traffic school.
      • If you have points on your driving record, then your ticket may not be expunged.
      • You can only go to traffic school once every 18 months. You will still have to pay the fine.[3]

Fight Your Ticket Via Trial By Mail

  1. Request a Trial by Written Declaration from the court in the county where you got the ticket. Ask in person or submit a request using registered or certified mail with return receipt. You can also print out the online form and take it to the courthouse.
  2. Submit your cell phone ticket defense and any required bail money to the court before your appearance date.
  3. Wait 30 to 90 days for a decision. You will receive a decision letter within this time period.
    • If you successfully contest the ticket, then you will receive a refund of your bail money. You don't need to take any further steps.
    • If you lose your challenge, then file a form requesting a new court trial. You will have to appear in person for this trial.[4]

Tips

  • CVC§23123 (cell phone) and CVC§23123.5 (texting) are reportable offenses and they will appear on your driving record. However, you will not receive points for your first offense.

Warnings

  • Repeat offenses could result in higher insurance premiums or suspension of your driver's license.[5]

Things You'll Need

  • Trial by Written Declaration Form
  • Cell phone records
  • Bail money

Related Articles

Sources and Citations

  1. ↑ 1.0 1.1 http://www.nolo.com/legal-encyclopedia/cell-phones-driving-california-law-29709.html
  2. ↑ http://theexpiredmeter.com/2011/03/fighting-cell-phone-texting-tickets/
  3. ↑ http://www.trafficschooltogo.com/california/traffic-school-faqs.aspx
  4. ↑ http://www.courts.ca.gov/8450.htm#tab9276
  5. ↑ http://www.nbclosangeles.com/news/local/New-Law-Closes-Traffic-School-Loopholes-124605679.html
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