First of all it wasn't me, but my fiance. She had her cell phone on her hand and had me on speaker phone. Cop pulled her over and said she was texting while driving, she didn't mention anything about the speaker phone, but the guy kept insisting that she was because "why would you have your cell phone in your hand then"

The ticket was written at 9:15am, she then texted me while she was getting written up at 9:23am. So I was telling her that on her phone bill, it will prove that she wasn't texting when she got stopped.

Do you guys think she can fight this ticket or even worth going through the hastle?

 

Im not familiar with this as here in MO we dont have those laws (you can still talk on your phone and drive) ....I'd have to imagine it is not a moving violation and no points go on your license, nor does your insurance go up? If so... just pay the fine, probably not worth the hassle

 

Ummm... I'd say the text while getting a ticket was pretty eff'n stupid. The time stamps will be too close to call, not to mention they'd see she was actually talking on the phone when she got pulled.

If using speakerphone is illegal as well you have no argument. Pay the ticket.

 

isn't speakerphone technically hands free

 

unless you're holding it in your HAND!

 

How much is a texting while driving ticket?

 

Using the speakerphone isn't illegal. Holding the phone while driving is.
http://www.dmv.ca.gov/cellularphonelaws/

 

California sucks anyways... didn't arnold's wife was caught texting while driving? I believe TMZ got the shot lol

 

all these laws are retarded. It just gives cops a great excuse to pull you over for nothing, increases state/local revenue, and irritates the crap out of your average person. Also, I don't believe for a second that it stops anyone from doing it.

Friend's wife got pulled over in NJ for supposedly talking on her cell phone. She was eating an apple. The phone was in her purse, in the passenger seat. The cop refused to believe she was just eating an apple, even after she literally pulled the now-eaten core out of the cup holder. He probably knew she wouldn't fight it, given she was out of state at the time. Crap like that pisses me off.

Fight it. If everyone just bends over and accepts these retarded tickets, they'll keep giving them. If everyone fought every ticket, they'd stop giving them out for frivolous crap... would be too expensive.

 

The timestamp on your phone bill is not accurate enough for anything.

If she was holding the phone while driving, she's defeated the purpose of the speakerphone. Put the damn thing down, it's not hands free if you're holding it.

If you fight it, you have no hope in hell of defeating it. A bill's timestamp is not guaranteed to be accurrate and only shows that a text message was sent around the time that your fiance was pulled over -- for texting while driving. She didn't mention that she was on speakerphone to the cop at the time, and even if she was, it's still illegal in CA because she was using a hand-held phone.

Learn your lesson, pay the ticket, and move on. A ticket is a small price to pay in the grand scheme of things. I'm 25 years old and I'm going to be in pain for the rest of my life because some girl couldn't put the f***ing cell phone down while driving. Count your blessings that she didn't end up like me, and that she doesn't have to live with the guilt of doing this to someone else.