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Got a ticket for holding my phone
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amother




OP


Post  Thu, Apr 11 2019, 10:09 pm
I was not using or looking at it. In NJ. Ticket was for use of a handheld device while operating a motor vehicle. I showed the officer that I had not been using it and he said that’s irrelevant it was in your hand. Any advice? Anything I should know before going to court? Please post your experience if you’ve had similar.
It is a first offense if that makes any difference.
Anon because I’ve discussed it publicly in real life.
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amother




Aubergine


Post  Thu, Apr 11 2019, 10:13 pm
I had the same thing last year in monsey New York. I ended up going to court, and they wanted to plea-bargain me down to two points. I told them I wanted a trial because I was not on the cell phone at all. I went to trial and I brought along my cell phone bill proving I was not on the phone. The officer didn't show up so they threw out my ticket bh.
In my case I actually had picked it up cuz it fell down and I was scared it would go under the petal and he caught me holding it.
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octopus




 
 
 


Post  Thu, Apr 11 2019, 10:16 pm
Yes you can get a ticket just for holding a phone . When I went for a point reduction / defensive driving class the guy told us this. Sorry I don't have anything helpful to add.
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amother




Tan


Post  Thu, Apr 11 2019, 10:25 pm
amother [ OP ] wrote:
I was not using or looking at it. In NJ. Ticket was for use of a handheld device while operating a motor vehicle. I showed the officer that I had not been using it and he said that’s irrelevant it was in your hand. Any advice? Anything I should know before going to court? Please post your experience if you’ve had similar.
It is a first offense if that makes any difference.
Anon because I’ve discussed it publicly in real life.


Hire a lawyer. I’m nj It never goes off your record. DH once tried fighting it himself and lost immediately. He didn’t realize the implications of having on his record for life.
Most people I know who took a lawyer paidca five but didn’t get on their record.
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amother




Purple


Post  Thu, Apr 11 2019, 10:30 pm
amother [ Tan ] wrote:
Hire a lawyer. I’m nj It never goes off your record. DH once tried fighting it himself and lost immediately. He didn’t realize the implications of having on his record for life.
Most people I know who took a lawyer paidca five but didn’t get on their record.


I’m personally disgusted at all the [people] using phones while driving and there’s lots of them. They all deserve tickets!
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amother




OP


Post  Thu, Apr 11 2019, 10:32 pm
amother [ Tan ] wrote:
Hire a lawyer. I’m nj It never goes off your record. DH once tried fighting it himself and lost immediately. He didn’t realize the implications of having on his record for life.
Most people I know who took a lawyer paidca five but didn’t get on their record.


It goes on your record for ten years. But a lawyer costs $2500 and the ticket is only $200. I really don’t use my phone when driving so not very nervous about a second offense.
I’m wondering more about the fact that the offense is use of a phone and I was not using it. Does that make a difference?
Also, the amother who said she went to trial - does that mean you showed up to court twice?
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amother




Honeydew


Post  Thu, Apr 11 2019, 10:32 pm
Amother purple, your comment was uncalled for & doesn't come in here. Can this please not become another jew bashing thread??
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amother




Tan


Post  Thu, Apr 11 2019, 10:32 pm
amother [ Purple ] wrote:
I’m personally disgusted at all the [people] using phones while driving and there’s lots of them. They all deserve tickets!


You really don’t know what was happening so than you for judging this was a medical emergency I needed DH for - I was in the hospital with a child and he was at a red light looking to pull over.
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amother




OP


Post  Thu, Apr 11 2019, 10:33 pm
amother [ Purple ] wrote:
I’m personally disgusted at all the religious Jews using phones while driving and there’s lots of them. They all deserve tickets!


I won’t argue with that. What I will say is that I don’t text and drive. Ever. And that my phone connects to my car automatically so I have no reason to use it. It just happened to have been in my hands. Covered. Not in use.
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amother




Tan


Post  Thu, Apr 11 2019, 10:33 pm
amother [ OP ] wrote:
It goes on your record for ten years. But a lawyer costs $2500 and the ticket is only $200. I really don’t use my phone when driving so not very nervous about a second offense.
I’m wondering more about the fact that the offense is use of a phone and I was not using it. Does that make a difference?
Also, the amother who said she went to trial - does that mean you showed up to court twice?

Not in nj. It’s new - it’s permanent now. You can get lawyer for much less.
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amother




OP


Post  Thu, Apr 11 2019, 10:35 pm
amother [ Tan ] wrote:
Not in nj. It’s new - it’s permanent now. You can get lawyer for much less.


New as of when. And how much is a lawyer? I spoke to a woman who supposedly knows the law and she told me a first offense usually doesn’t justify the cost of a lawyer.
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sub




 
 
 


Post  Thu, Apr 11 2019, 10:37 pm
amother [ Purple ] wrote:
I’m personally disgusted at all the religious Jews using phones while driving and there’s lots of them. They all deserve tickets!


nonreligious jews and nonjews wouldn’t dream about talking on the phone while driving???
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amother




Magenta


Post  Thu, Apr 11 2019, 11:45 pm
amother [ Aubergine ] wrote:
I had the same thing last year in monsey New York. I ended up going to court, and they wanted to plea-bargain me down to two points. I told them I wanted a trial because I was not on the cell phone at all. I went to trial and I brought along my cell phone bill proving I was not on the phone. The officer didn't show up so they threw out my ticket bh.
In my case I actually had picked it up cuz it fell down and I was scared it would go under the petal and he caught me holding it.




I think your lucky the cop didn't show up because your "proof" that you didn't use your phone is kind of .....pathetic. Your phone bill might demonstrate that you weren't on a phone call but there are 10 other things you could have been doing with your phone. Using the internet, checking email, looking at pictures, dialing a number, ect. It would have been foolish of you to produce your phone bill as proof you weren't using your phone.
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amother




Seafoam


Post  Thu, Apr 11 2019, 11:55 pm
It might depend on how the ticket was worded. My mother got a ticket for talking while holding the phone. She used her records from Verizon to prove that she wasn't on a call then so she won. I don't know if you can get a record for phone use that's not a call.
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FranticFrummie




 
 
 


Post  Fri, Apr 12 2019, 12:54 am
How does a phone "just happen to be in your hands"? How does that work?

I learned that both hands need to be on the steering wheel. If you miss a call, you pull over and call them back.
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groisamomma




 
 
 


Post  Fri, Apr 12 2019, 1:05 am
Great thread and perfect timing!

I got a cell phone ticket in Jackson 2 years ago, and since it's a mandatory court appearance and I had Parent-Teacher conferences that day, the judge let me plead guilty and leave. I wasn't going to lie; I really had been talking on the phone.

Then last year I got another one while on base but since it was on federal property it didn't transfer over to NJ as a 2nd offense so I got a huge fine but no points.

Two weeks ago I was on my bluetooth, totally not using the phone itself, when I was pulled over. The cop had been cruising behind me for a few miles so I knew he'd been looking for something. He said my rear brake light was out. I knew it wasn't and he let me get out to check. My light was fine but then he said I was holding my phone anyway so I was issued a ticket for that. (I should've just agreed about the light...sigh.)

In any case, I'm in desperate need of either advice or a good lawyer. I commute to work and can't afford to lose my license!
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amother




OP


Post  Fri, Apr 12 2019, 2:52 am
FranticFrummie wrote:
How does a phone "just happen to be in your hands"? How does that work?

I learned that both hands need to be on the steering wheel. If you miss a call, you pull over and call them back.


If you really want to know...
My car was a mess. I was taking a kid to nursery. Said child had been holding the phone as I strapped them in. I took the phone out of my kids hand and then got behind the wheel. The cup holders were all full and the passenger seat had a few bags and items so I just didn’t put it down. Both hands were on the wheel. The screen was covered with the case cover. And I showed the officer that there were loads of notifications on the screen which proves it wasn’t being used or those notifications would not be there!! He said I didn’t say you used it just that it was in your hands. Which is true. But I wasn’t aware that’s an issue.
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FranticFrummie




 
 
 


Post  Fri, Apr 12 2019, 2:57 am
So when you had both hands on the wheel, you also had the phone in one of your hands, while you were driving?

I'm still confused!

I had a friend who both amazed and terrified me. She could drive, put on mascara, talk on the phone, and drink coffee all at the same time. I have no idea how she mastered juggling all of it. She was a pretty good driver, but I also thought she was an accident waiting to happen.
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amother




OP


Post  Fri, Apr 12 2019, 2:59 am
FranticFrummie wrote:
So when you had both hands on the wheel, you also had the phone in one of your hands, while you were driving?

I'm still confused!

I had a friend who both amazed and terrified me. She could drive, put on mascara, talk on the phone, and drink coffee all at the same time. I have no idea how she mastered juggling all of it. She was a pretty good driver, but I also thought she was an accident waiting to happen.


Yes. I had the phone in my palm and phone plus hand on the wheel. Since there was nothing being done on the phone, I wouldn’t say it was dangerous or scary in any way.
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FranticFrummie




 
 
 


Post  Fri, Apr 12 2019, 3:15 am
amother [ OP ] wrote:
Yes. I had the phone in my palm and phone plus hand on the wheel. Since there was nothing being done on the phone, I wouldn’t say it was dangerous or scary in any way.


OK, now I get it. I can see why the cop would be suspicious, though. I hope things work out for you.
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