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CalAttorney2, Attorney
Category: Traffic Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I got a wireless device violation ticket, no, I stopped at

Customer Question

I got a wireless device violation ticket
JA: OK. The Traffic Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: no
JA: Please give me a bit more information, so we can help you best.
Customer: I stopped at red signal and was looking at my mobile for few seconds regarding my doctor appointment alert, cop saw me and immediately and gave me a ticket for amount 160
JA: Is there anything else the Traffic Lawyer should be aware of?
Customer: nothing else, just want highlight that I just stopped and my glance went towards mobile for movement
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Traffic Lawyer about your situation and connect you two.
Submitted: 12 months ago.
Category: Traffic Law
Expert:  CalAttorney2 replied 12 months ago.

Dear Customer,

I am very sorry to learn of this situation.

Unfortunately the violation is for operating a motor vehicle while utilizing a wireless device. This includes using the device while you are stopped at a light, at a stop sign, or in traffic. The only way that you can use a wireless device as a driver without violating these statutes is by actually pulling off the roadway (onto the shoulder (when appropriate), or into a parking lot) and using the device while your vehicle is parked.

You can still dispute your citation (if you provide me with the state that your citation occurred in I can usually provide customers with general information on how to go about disputing traffic citations in their state), but based only on what you have posted, the citation appears correct.

Customer: replied 12 months ago.
Will there be a point for this ? Do I need to take traffic school class ?
Expert:  CalAttorney2 replied 12 months ago.

What state was this in?

Customer: replied 12 months ago.
Expert:  CalAttorney2 replied 12 months ago.

It does count for a point (a single one), but in most cases you are permitted to take traffic school in lieu of having the point on their record.

Customer: replied 12 months ago.
now I am confused DMV site says no point, please refer to sixth question in below link
Expert:  CalAttorney2 replied 12 months ago.

You can get help with disputing your California Traffic citation on the California Court website:

Expert:  CalAttorney2 replied 12 months ago.

My apologies, I reviewed my resource above and it was in error. There is no point for this citation.

Customer: replied 12 months ago.
That means I can skip traffic school class right ?
Expert:  CalAttorney2 replied 12 months ago.

Right, the traffic school deals with the points. So all that you have to deal with is the citation and the fine.

Customer: replied 12 months ago.
If I want to dispute on what basis I can do that ?
Expert:  CalAttorney2 replied 12 months ago.

As I noted above, the citation appears proper, but you can go through the process (use the link I provided above for the California Court's self help forum as it will walk you through it step by step), and it is possible that you can prevail on the matter by default (the officer may not appear to testify at the hearing for example).

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