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LegalPro54
LegalPro54, Lawyer
Category: Legal
Satisfied Customers: 12337
Experience:  General practitioner with diverse legal experience.
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I was ticketed in Austin for using Mobile Electronic Device

Customer Question

I was ticketed in Austin for using Mobile Electronic Device while driving. I am fighting the charge based on a lack of evidence that I was actually using the device. While I being ticketed I offered the officer a chance to see that my vehicle is equipped with a bluetooth enabled hands-free system and that it was operational and configured to work with my phone. I also offered to let him examine my phone. He refused both offers. I feel that his failure to consider evidence (and be an eyewitness) that is favorable to the Defendent could cause me harm in court. Is there anything that says an officer must consider evidence if offerred. Could that be used to dismiss a ticket.
JA: Because traffic laws vary from place to place, can you tell me what state this is in?
Customer: Austin, TX It's a municipal ordinance.
JA: Has anything been filed or reported?
Customer: I have filed a motion for discovery
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 month ago.
Category: Legal
Expert:  LegalPro54 replied 1 month ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

The officer is not the trier of fact, so they are not required to consider evidence. If they believe they have witnessed a driving infraction, they can write a ticket for that infraction. You can challenge the ticket by going to court and presenting your evidence to the judge. That would be your recourse here. There is no way to go after the officer or somehow get the ticket preliminarily dismissed because the officer refused to consider exculpatory evidence.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Customer: replied 1 month ago.
OK.....so I assume on cross examination I can ask the officer if I made that request and he would be required to answer.....this will be a jury trial.....so my strategy would be to appeal to the jurors here.
Expert:  LegalPro54 replied 1 month ago.

Yes exactly. You could make it appear through your cross examination that the officer did not care about the actual evidence and disregarded the evidence by issuing the ticket.

I hope this helps. Again if there is anything more I can do for you just let me know. It's my pleasure....