Unless you have several tickets already for the same thing, they will NOT raise the fine up. They only raise fines up when people have a history of doing the same thing over and over again. You will most likely be able to actually get it reduced if you complain about your finances.Kosaka1618 wrote: ↑Jul 4th, 2017 6:29 pmHey guys,
Looking for some advice on a Handheld communication device ticket I just got in which I might not have taken the best course of action.
I was waiting at a red light and I noticed a notification on my cel. I pressed the "home button", read the notification (didn't unlock the phone) and when I raised my head I saw a cruiser stopped beside my window with the officer staring at me. The officer asked me to pull over. I asked her why was I getting a ticket as I was not actually using the phone, I was just looking at the notification I got, without interaction. (In afterthought, I shouldn't have said I was checking the phone). She explained why. After she gave me the ticket she said "unfortunately you'll get demerit points for this, I recommend you do some research on how to proceed". Off she went. As with everyone else, I'm more concerned about the ticket cost and insurance inflation.
My questions to any helping souls are:
1. Does the fact that I admitted holding the cell phone to the office ruins my case? Should I fight it?
2. I have read a lot about the possibility of having my fine upped from 490 to 1000 dollars in the case I fight this ticket. Have you heard of anyone who had to pay so?
3. If I go to trial, the officer is there (could she be hidden in the corner?), should I just admit guilt?
Thanks! (this sucks)
The charge is actually for HOLDING the phone. If you had it in your hand, regardless of what you were doing with it (and even if it was off), they can still charge you. You are allowed to use your phone in handsfree mode if it is securely mounted in the vehicle as far as answering and hanging up phone calls only. If the phone was mounted and you were just pushing a button then you may have a chance to beat it.
Anyways you need to see disclosure (officers notes) before you can decide if there is a defense or not, so plead Not Guilty and request a trial with the officer present and once you get your Notice of Trial then you can request the disclosure (officers notes) and once you get the notes, post them here for us to review.
I am not a lawyer and I am not a paralegal and I do not give legal advice.
All statements made are my opinion only.