Quote:
Originally Posted by Gh0st
Hey I know this might not be the right thread but yesterday I was removing my wallet from my butt pocket while at a left turn light and a cop standing at a nearby gas station walked over and knocked on my window and told me to pull over.
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This is an easy win in traffic court. I had the same bullshit ticket issued while I was looking through my wallet at a stop light (to ensure I had my RPAL) and I was pulled over 100m later by IRSU posted down the road saying an officer at the intersection saw me with a phone in my hand. I specifically asked where the officer was standing and recorded the answer.
First, dispute the ticket. When you get a court date with all the info mail the officer / detachment with an evidence disclosure request. Sounds like at best you'll get a shitty hand written note like I did saying to the effect of "white Dodge Ram using electronic device". No photos, no description of the phone, nothing. In other words no evidence other than his word. Keep your 'verbatim' copy of the exchange and do not lose it.
In your case he has already admitted to not seeing you on your phone and has issued you a COMPLETELY SPECULATIVE INFRACTION. After my officer tried to tell the judge he saw me using my phone (I took my wallet from my centre console, looked through it for 5 seconds, put it back) I told the judge I'm not calling the officer a liar, simply that he is mistaken. I explained what I was doing with my wallet. I then asked the officer who was standing at the intersection (both he and the issuer had to show up) if he was in fact standing at position X, which he confirmed. I then calmly proved the officer was a liar by telling the judge the officer was standing in front of me to the right as I was the third vehicle from the intersection and that it was physically impossible for him to see through the front of my vehicle/dash, let alone see in to my lap as my 3" lifted offroad edition truck brings the bottom of my passenger windows up to about 5'7" off the ground. I said the officer has zero evidence of this infraction and issued me a completely speculative ticket simply because I was looking down momentarily.
Judge tossed it without hearing another word from the officer. If yours comes back with him simply saying he saw it: I would tell the judge that you've provided a logical explanation for what the officer saw, that the officer admitted to not actually seeing an electronic device in your hand at the time, that at the distance he was it was unlikely he could tell what was in your hand anyway, and that he has no actual evidence of the infraction whatsoever.