E90Post
 


 
BMW 3-Series (E90 E92) Forum > BMW E90/E92/E93 3-series General Forums > Regional Forums > USA - California > Cell phone Ticket, but was not using cell phone



Reply
 
Thread Tools Search this Thread
      04-04-2011, 05:00 PM   #1
EZ_TUR90
Ez tur90
EZ_TUR90's Avatar
Armenia
191
Rep
3,191
Posts

Drives: M6
Join Date: Jul 2008
Location: Los Angeles

iTrader: (11)

Cell phone Ticket, but was not using cell phone

Hello All,

Well, we all know its against the law to be talking on the phone, or texting while driving. Pretty much any use of a cell phone is against the law here in California.

Well, I was going to work today and I spotted a couple of cops by a local Smart & Final and preyed they wouldn't pull me over for not having my front license plate mounted. Surprise, surprise a couple minutes later the cops are behind me with their lights on.

So I pull over and roll my window down, and ask him why he pulled me over. His response was I was talking on my cell phone. I couldn't help but laugh; my car has bluetooth, and I never hold the phone to my ear. He claims I was, and I told him it was impossible and I proceeded to call my coworker to prove it was on speaker phone. He said my hand isn't square and he didn't believe me. So he cited me.

How would I fight this? I just find all this funny because I know for a fact I was scratching my ear. lol. If I was talking on the phone I wouldn't have an issue taking the ticket, but I wasn't.
__________________
Appreciate 0
      04-04-2011, 05:02 PM   #2
michaelalex17
Brigadier General
michaelalex17's Avatar
597
Rep
3,386
Posts

Drives: Manual Wagon
Join Date: Aug 2010
Location: CT

iTrader: (4)

my mom got the same thing. she said let me show you if i make a call it goes to bluetooth i'd have to manually take it off to talk on the phone but the cop didnt care and gave her a ticket. i think she just ended up paying it
Appreciate 0
      04-04-2011, 05:17 PM   #3
ttm013
Private First Class
3
Rep
118
Posts

Drives: 08 e92
Join Date: Jan 2011
Location: so cal

iTrader: (0)

were you on the phone at all? if not, i suppose a call log showing no incoming or outgoing calls during the time of the citation. other than that, its basically your word against theirs, and they're considered expert witnesses. hope it works out.
Appreciate 0
      04-04-2011, 05:23 PM   #4
RambleJ
Colonel
RambleJ's Avatar
No_Country
60
Rep
2,014
Posts

Drives: F10 535i M-sport
Join Date: Oct 2008
Location: Back in teh so cal

iTrader: (2)

I just got a ticket today too! By a cop that was parked in front of the smart and final on Ventura. He cited me for going 50 at the corner of Ponce and Ventura, I told him that this was impossible since I had just left the Jack in the Box drive thru which is at that intersection, he told me that his laser doesn't lie. I am definitely fighting this one!
Appreciate 0
      04-04-2011, 05:25 PM   #5
Boltzz
08 335i
Boltzz's Avatar
United_States
24
Rep
330
Posts

Drives: SGM E90 335i
Join Date: Jan 2010
Location: Santa Monica / LA

iTrader: (2)

Some cops can be so worthless man, sorry to hear you got nailed by such a tool. What gets me is how many dumb asses actually do sit with their phone to their ear and drive like complete idiots, never getting caught.
__________________
08 E90 335i - SGM || Thanks to LTMW / PYSpeed

Appreciate 0
      04-04-2011, 06:22 PM   #6
EZ_TUR90
Ez tur90
EZ_TUR90's Avatar
Armenia
191
Rep
3,191
Posts

Drives: M6
Join Date: Jul 2008
Location: Los Angeles

iTrader: (11)

Quote:
Originally Posted by michaelalex17 View Post
my mom got the same thing. she said let me show you if i make a call it goes to bluetooth i'd have to manually take it off to talk on the phone but the cop didnt care and gave her a ticket. i think she just ended up paying it
Seriously not worth the hassle of going to court and losing a day over a couple hundred bucks. But so stupid to waste my money on something I didn't do. JUST GOT TAXED!

Quote:
Originally Posted by ttm013 View Post
were you on the phone at all? if not, i suppose a call log showing no incoming or outgoing calls during the time of the citation. other than that, its basically your word against theirs, and they're considered expert witnesses. hope it works out.
I wasnt on the phone. I probably will take a call log into court along with specifications of my car providing proof I have a hands-free unit installed.

Quote:
Originally Posted by RambleJ View Post
I just got a ticket today too! By a cop that was parked in front of the smart and final on Ventura. He cited me for going 50 at the corner of Ponce and Ventura, I told him that this was impossible since I had just left the Jack in the Box drive thru which is at that intersection, he told me that his laser doesn't lie. I am definitely fighting this one!
Definitely fight it.

Quote:
Originally Posted by Boltzz View Post
Some cops can be so worthless man, sorry to hear you got nailed by such a tool. What gets me is how many dumb asses actually do sit with their phone to their ear and drive like complete idiots, never getting caught.
__________________
Appreciate 0
      04-04-2011, 07:08 PM   #7
hipnotic
Major General
hipnotic's Avatar
United_States
149
Rep
6,604
Posts

Drives: e92 335i
Join Date: Oct 2007
Location: So. Cal

iTrader: (7)

Garage List
2008 335i coupe  [7.00]
fight for it and prove to that cop he is wrong
__________________
Appreciate 0
      04-04-2011, 07:16 PM   #8
EZ_TUR90
Ez tur90
EZ_TUR90's Avatar
Armenia
191
Rep
3,191
Posts

Drives: M6
Join Date: Jul 2008
Location: Los Angeles

iTrader: (11)

Quote:
Originally Posted by josh06lau View Post
fight for it and prove to that cop he is wrong
Im gonna try man. supposably April is "Distracted Driving Awareness Month"
__________________
Appreciate 0
      04-04-2011, 09:19 PM   #9
tracerit
Captain
United_States
139
Rep
804
Posts

Drives: 13 BRZ Limited 6MT
Join Date: Apr 2006
Location: Huntington Beach/OC, CA

iTrader: (9)

i would be so pissed if this happened to me. shouldn't the cop prove that you were holding your phone? obviously he can't. while you can prove with the call log and hands free set. either you should win or the case should be dropped.
Appreciate 0
      04-05-2011, 01:05 PM   #10
e92LuNaTiC
Major
e92LuNaTiC's Avatar
Mexico
111
Rep
1,471
Posts

Drives: Monaco Blue e92
Join Date: Jan 2010
Location: ///310

iTrader: (4)

Quote:
Originally Posted by EZ_TUR90 View Post
Im gonna try man. supposably April is "Distracted Driving Awareness Month"
Heard that shit on the news. I say fight it to prove that punk ass wrong! Can't believe that after you showed him your e9x had a hands free unit he still cited you! I mean c'mon! It's common sense which this officer lagged in more than much.
Appreciate 0
      04-05-2011, 01:23 PM   #11
edirtaynine
Major General
81
Rep
6,092
Posts

Drives: e92
Join Date: Mar 2011
Location: SoCal

iTrader: (0)

thats some straight boooosheeeet
Appreciate 0
      04-05-2011, 01:33 PM   #12
persian54
Lieutenant General
persian54's Avatar
United_States
928
Rep
15,818
Posts

Drives: M760/G83M4
Join Date: Jun 2009
Location: The Valley, SoCal

iTrader: (298)

the problem with the call log is you called your co worker.. thus there is a call in that time frame..
Appreciate 0
      04-05-2011, 01:36 PM   #13
darkevo
Commander
darkevo's Avatar
10
Rep
273
Posts

Drives: 2011 335d MSport, 2012 Volt
Join Date: Dec 2010
Location: Los Angles, CA

iTrader: (10)

Quote:
Originally Posted by ttm013 View Post
were you on the phone at all? if not, i suppose a call log showing no incoming or outgoing calls during the time of the citation. other than that, its basically your word against theirs, and they're considered expert witnesses. hope it works out.

yeah do this and just do a written TBD, and hopefully that's it, if found guilty still can go to court if you want the hassle .

I assume a cell phone ticket does not give you any points on your record?
__________________
2011 335D E90 M-sport Space Gray - JBD, K&N, M3 interior conversion, GiroDisc Rotors
2012 Volt Premium
2007 Mustang GT Covt -MT
Appreciate 0
      04-05-2011, 01:57 PM   #14
Saigon
Brigadier General
Saigon's Avatar
United_States
237
Rep
3,525
Posts

Drives: BSM E92 335i Coupe
Join Date: Jan 2008
Location: SoCal

iTrader: (47)

damn that is fucked up, sorry to hear
__________________
07' Alpine White E93 335i

M-Sport | BMW Performance | Beige l Piano Black l Sport l Premium l Heated l Navi | Steptronic l Comfort Access l Logic7 l iPod & USB |
Appreciate 0
      04-05-2011, 03:38 PM   #15
vic18t
Private
1
Rep
54
Posts

Drives: 2008 BSM E92
Join Date: Aug 2010
Location: San Francisco, CA

iTrader: (0)

Quote:
Originally Posted by persian54 View Post
the problem with the call log is you called your co worker.. thus there is a call in that time frame..
That doesn't mean he was holding a phone - it just means he was making a call at that time which is perfectly legal. The cop will still have to show up for court and prove that you were holding a cell phone.

I think what people are suggesting with the call log is to prove that he wasn't on the phone at all (which isn't the case).
Appreciate 0
      04-05-2011, 03:54 PM   #16
jlspeed29
Major
jlspeed29's Avatar
496
Rep
1,389
Posts

Drives: F80 SO ZCP CCB
Join Date: Aug 2007
Location: Somewhere along PCH...

iTrader: (0)

Garage List
2008 335 coupe  [8.00]
i say you run with this one hard..i know its "only $20" but for me it would be a principle sort of thing.....

and the feeling of beating his sorry ass in court would give me a week-long boner


where in LA were you?

i was on the 405N going through the valley in traffic and checking google maps on my phone when a motor cop/chp pulled up next to me..slowed down till i caught up, in traffic and yelled at me to put the phone down...wtf...i was checking traffic...didnt feel like arguing thru a rolled up window, plus i was driving stick...lol
__________________
A fisherman always sees another fisherman from afar
Appreciate 0
      04-05-2011, 03:56 PM   #17
jlspeed29
Major
jlspeed29's Avatar
496
Rep
1,389
Posts

Drives: F80 SO ZCP CCB
Join Date: Aug 2007
Location: Somewhere along PCH...

iTrader: (0)

Garage List
2008 335 coupe  [8.00]
Quote:
Originally Posted by persian54 View Post
the problem with the call log is you called your co worker.. thus there is a call in that time frame..
the officer was aware of that call and so he would need to show that 2 calls were NOT made...
i still think he's got a case, unless the judge is a prick
__________________
A fisherman always sees another fisherman from afar
Appreciate 0
      04-05-2011, 04:02 PM   #18
Psylight
Brigadier General
Psylight's Avatar
Mexico
92
Rep
3,488
Posts

Drives: Teh Space Gray E92 M 6MT
Join Date: Nov 2007
Location: Diamond Bar ,California

iTrader: (11)

Madness, I say.
__________________
Appreciate 0
      04-05-2011, 04:19 PM   #19
vic18t
Private
1
Rep
54
Posts

Drives: 2008 BSM E92
Join Date: Aug 2010
Location: San Francisco, CA

iTrader: (0)

Quote:
Originally Posted by jlspeed29 View Post
i say you run with this one hard..i know its "only $20" but for me it would be a principle sort of thing.....
It's more than $20. My brother got a cell phone ticket in SF and it was for "$20"...AND $100 in ADMIN FEES.
Appreciate 0
      04-05-2011, 05:55 PM   #20
ctv
First Lieutenant
16
Rep
378
Posts

Drives: T4RV8
Join Date: Sep 2010
Location: SF

iTrader: (6)

stupid fing cops with nothing else better to do
Appreciate 0
      04-05-2011, 06:01 PM   #21
DoPedUpM3
El Carpe Diem
DoPedUpM3's Avatar
United_States
16
Rep
219
Posts

Drives: Porsche Turbo/ 335i Coupe
Join Date: May 2010
Location: Southern Cali.

iTrader: (4)

Garage List
2008 335i  [0.00]
Damn, F*** the police! Fight it homie.

I just lucked out the other day on a lighter note.
PO was behind me and I went up to sixty from a dig and thats when I saw his head lights, took my foot off the gas. He got around me and went by flashing his little lights to say, "warning!"
__________________
08' AW e92 335i 6mt, Performance sterring wheel (non-electric)/ Performance SSK/ M-tec wheel trim/ BMS DCI/ Bimmian Interior LEDs/ Side-marker LEDs/ WeissLicht PY24 LED Turn Signal/ GPThunder/ Debadge/ Painted reflectors/ Matte black grills/ Aero front lip/ Rear bumper/ Stock.. much more fun to come.
Appreciate 0
      04-05-2011, 06:11 PM   #22
Kroy
Brigadier General
Kroy's Avatar
United_States
173
Rep
3,032
Posts

Drives: E90
Join Date: Jul 2009
Location: Los Angeles, CA

iTrader: (1)

hope you win OP
Appreciate 0
Reply

Bookmarks


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -5. The time now is 07:51 AM.




e90post
Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST