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I did trial by written declaration (A) No
Hi, I did trial by written declaration for CVC23123(A) No Hands Free Device the court found me Guilty I wanted to know about appeals I know the letter said I can Request for New Trial TRIAL DE NOVO but I don't want to go to court I believe I include inmy Written Declaration that I could have not be talking on my Phone I sent in my cell phone bill that prove that my phone did not make any calls at the time of the traffic ticket it there any appeals I can mailed in?
I have had a 100% clean driving record for the last 35 years.
I have had a 100% clean driving record for the last 35 years.I got a ticket in lower Westchester, NY for "Driving while on cell phone", in violation of Statute VTL 1225-C 02A. I was not talking on my cell phone, merely holding it in my hand. I was not texting or using it in any other way.Background: the parkway was closed, and all traffic was redirected, causing a big traffic jam. Cars were at a standstill.I have been trying to get my cell phone records but I was unable to do so since I have a prepaid cell phone.When I called up the cell phone company, they looked up my records and verbally verified that there were no incoming or outgoing calls, nor text messages sent or received at the time, but could not give me anything in writing whatsoever because they don't provide it for a prepaid cell phone customer. I even spoke with a manager to no avail. They would be willing to verify it to the court only verbally, if they received a phone call from the court.Short of the court calling my cell phone's customer service to verify my innocence - which I don't think will happen - I am unable to prove that I was not talking on the phone at the time.Question: Is holding the cell phone in my hand against the law?Without the hard-copy cell phone records and logs, would the judge take my word? Should I go to trial or settle? (I am having a hard time settling because I think it requires me to admit usage of my cell phone, which I never did!)If I purchase a hand-held device prior to going to court, could that be helpful when the judge decides?Under the circumstances, would it be wiser just to settle and take 3 points as opposed to 5 points?
I would really appreciate if someone could help
Hello,I would really appreciate if someone could help me review a Trial by Written Declaration I'm about to file to protest a 21460 CVC (A). English is not my native language, nor is law terminology, so a help on getting this statement stronger/right would be amazingly appreciated. Here's what I've wrote:+++++Pursuant to CVC 40902, I, Dejair Antonio dos Santos Guedes, wish to exercise my right to trial by declaration with regard to a citation number ______. I plead not guilty to the charge of violating CVC 21460(A) and have provided the following defense:On July 19, approximately ____ I was driving my Toyota Prius 2005 Blue, on Fulsom Street going East. I turned right on 11th Street to go South Bound to pick-up a passenger, who had told me to turn in that direction. We were talking on the phone, which was attached to its holder on my dashboard and it was in speaker mode, when he realize he gave me the wrong directions, and inquired me to go North Bound onto 11th Street. My speed was approximately 5mph, so I had plenty of time to analyze the traffic situation on 11th Street. There was a police car coming in the opposite direction and a few other cars far away ahead of me, and no cars behind me. It all looked really safe to maneuver. I looked at a private parking driveway, which belongs to the nigh club Slim's at***** San Francisco, CA, I turned into it and across the double yellow, backed-up my vehicle, and drove back onto 11th Street going South Bound this time. All this was done efficiently and securely and no traffic was affected or disturbed by my maneuver. I was completely sober as I was on duty for my current job as a Lyft driver, which I have been doing for about 2 months, on a daily basis, with no other records of infractions.As stated in California Driver Handbook I studied to acquire my Drivers License, I have the right to cross double yellow lines to enter private driveways. With that in my mind, I acted knowing I was doing the right thing, so much I've done it in front of a police car. I understand the officer ____ was doing his job and might have thought it was a dangerous and illegal maneuver - that particular time on 11th Street is busy due to everybody trying to evacuate the clubs to go home - but I declare I don't have a guilty mind, nor I think this citation was issued properly, under the circumstances I described.Therefore, due to the facts mentioned above, I do not feel I am guilty and sincerely ***** ***** case will be dismissed in the interest of justice.++++
pulled over for talking on the phone, which I was not doing.
pulled over for talking on the phone, which I was not doing. I showed the officer, my phone in the center console being charged. When officer saw that he said"well, you were speeding" It was also attached to my speakers for hands free talking if I had a call. Choices are pay the fine, plead guilty and go to court or go to trial. Trial seems excessive but I don't want to plead guilty when i am innocent.
Hi, I got a ticket for using the phone while driving. I extended
Hi, I got a ticket for using the phone while driving. I extended the court day, it's tomorrow Jan 14 at Beverly Hills Traffic Court. I payed the ticket this morning on line, but on the receipt says that it won't show on the system until tomorrow at 10 am, and my appearance is scheduled at 8:30. Do I still have to show up in court tomorrow if I paid in full? Thank you!
The staff and I butted heads and the manager just took her side so the manager sent me to
The staff and I butted heads and the manager just took her side so the manager sent me to Detroit shelter in "skid row". Meanwhile I was waiting for my small inheritance check. Plus I am on disability. I filed a police report on the group home because they claimed to have my mail and would not give it to me unless I paid them money. Since I am deaf I cannot communicate well on the phone. I mostly texted. My sister got a hold of my uncle and he got a hold of the cousin who was in charge of distributing the money. Went to Panama City to see a girlfriend I had not seen since 5th grade. Thought we could room together. Rented a car for two weeks and hotel for 2 weeks and I said that's enough. I bought a car and had been looking to live somewhere in Florida but I really wanted to move to Tennessee. Well when I bought car and was getting insurance they found out my license had been suspended. I had gotten an extension to pay my ticket or go to school. I pd the ticket and didn't hav
i got a cell phone ticket, but was not talking nor textingView more traffic law questions
i got a cell phone ticket, but was not talking nor texting on my cell. I was at a red light and looked at my phone for a current uploaded map to located the hotel I was trying to locate. The vehicle code states not to be making a call nor texting and I informed the officer I was doing neither. I still got a ticket and I want to fight it