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CriminalDefense
CriminalDefense, Attorney
Category: Traffic Law
Satisfied Customers: 28316
Experience:  10 + years in Traffic Ticket Defense, DUI/DWI and Criminal Defense cases
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I was convicted while driving, when I didnt, I have all the

Customer Question

I was convicted for texting while driving, when I didnt, I have all the phone records.
Officer who stopped me didn't mention anything when he pulled me over. When I rolled down my window he put his head in my car and looked around inside my car and found that my phone was in the passenger seat.
I had to ask him why I was being pulled over and that is when he said I was texting.
I contested, have hearing in about 2 weeks, do you think these information can help me to contest the ticket?
Submitted: 2 years ago.
Category: Traffic Law
Customer: replied 2 years ago.
Officer said, he followed me and saw me "TEXTING". I have clear proof that I was not texting.
Expert:  CriminalDefense replied 2 years ago.

Good evening. I certainly understand the situation and your concern. Did you have your phone in your hand?

Customer: replied 2 years ago.
I do,(###) ###-####
Expert:  CriminalDefense replied 2 years ago.

And what were you doing with it?

Customer: replied 2 years ago.
oh, I thought you meant, do I have my phone in my hand right now.I didn't. So, I asked him if he had any evidence of me texting, he said, he doesn't need the evidence as long as he saw it.
Expert:  CriminalDefense replied 2 years ago.

Thank you. If you did not have your phone in hand, then it is odd that he would make a such an allegation and charge you with texting while driving. Now, you can bring in the phone records to show the court, evidencing that at or around the time that the citation, there were not text messages sent or received. However, what it will not show, is if you were texting BUT did not send the text, so he could always try and argue once you saw him you put it down. Of course, you can testify against what he claims and use the records to support it and it will be at the discretion of the Judge to decide who to believe. You can question the Officer as to what he actually saw and how long he was observing you for, to make sure a false allegation.

Customer: replied 2 years ago.
I see what you are saying. But, I can not be present on the date of the hearing because of my work. So, I was planning on writing a letter.What should I include in my letter? I guess officer could argue that I put down phone when I saw him. But, I have texting record that I did not send nor received any text in that afternoon. (I got pulled over around 10:30pm) So, there is no point of me looking or writing text to anyone in that afternoon.I also checked Bellevue (Washington State) Police Policy manual and it says:
Links:
http://bellevuewa.gov/Other/Police/PolicyManual/22.00.030.html"Information Provided To Violators (CALEA 61.1.4)
Upon the initial contact, the violator should be immediately advised of the violation that prompted the traffic stop. "Which officer did not follow.
So, I have strong feeling that I was falsely accused. If he was sure he should told me right off that I was being pulled over because I was texting. Instead he asked me for the license and put his head in my car.The next day, I got pulled over again because my break light was out. I didn't know that it was out because there is no way to check that. However, this kind made assume that the officer who pulled me over for the texting originally pulled me over for the break light but when he saw my phone in the passenger side, that's when he changed his mind and decided to ticket me for the texting. I don't know why he didn't tell me the reason why he didn't say anything when he pulled me over.
Expert:  CriminalDefense replied 2 years ago.

Are you allowed to write a letter in lieu of appearing?

Customer: replied 2 years ago.
I am allowed to write a letter.
Expert:  CriminalDefense replied 2 years ago.

Yes, you need to present all valid arguments and create doubt, as to the ability of the officer to have actually seen you texting while driving and present additional evidence, to deny that it was done and support what you were doing.

Expert:  CriminalDefense replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!