NY Ticket for Cell Use

[gjohnson9894]

New York - Ihaca area - got a ticket for cell phone use yesterday.

The problem is this: I was not on my cell phone during the time the officer was "observing me" and don't feel like footing a $100-150 bill just to make it go away.

Factors:
The citation listed the location of the incident as a different street from where he supposedly "observed" me. Is this even a factor that I should bring up in court? Will this do nothing more than piss the judge off as I may appear to be nit-picking? Even if his deposition differs from the citation, can this discrepancy make the ticket go away?

TMobile, my cell company, has a massive hole in the area in which I was supposedly on my phone. The only number I can call, if I wanted to, is 911 Again, is this even something that I should bother bringing up - will it do more to irritate the judge than help?

Contact my company and get records indicating that my phone was not active at the time of the arrest. Could the officer say that he still saw me messing with my phone even though I was not using it - ? Would it be beneficial to even bother getting these?

Delay Tactic I am going to have to delay the first court date, as that is the date my daughter is due to be born. Should I continue to delay as long as possible, as I have read online? Does this work in decreasing the chance of a guilty verdict? Is this all an urban legend?

Just to clear things up, I am not attempting to avoid this situation, I am merely afraid that if I go in to court and tell the truth, that it will be my word against the cops. As the cop has a far better relationship with the judge, I can see this costing me money for something of which I am not guilty. Does anybody have any suggestions? experiences? Or am I pretty much bugger'd?

Thanks!

 

[BL]

New York - Ihaca area - got a ticket for cell phone use yesterday.

The problem is this: I was not on my cell phone during the time the officer was "observing me" and don't feel like footing a $100-150 bill just to make it go away.

Factors:
The citation listed the location of the incident as a different street from where he supposedly "observed" me. Is this even a factor that I should bring up in court? Will this do nothing more than piss the judge off as I may appear to be nit-picking? Even if his deposition differs from the citation, can this discrepancy make the ticket go away?

TMobile, my cell company, has a massive hole in the area in which I was supposedly on my phone. The only number I can call, if I wanted to, is 911 Again, is this even something that I should bother bringing up - will it do more to irritate the judge than help?

Contact my company and get records indicating that my phone was not active at the time of the arrest. Could the officer say that he still saw me messing with my phone even though I was not using it - ? Would it be beneficial to even bother getting these?

Delay Tactic I am going to have to delay the first court date, as that is the date my daughter is due to be born. Should I continue to delay as long as possible, as I have read online? Does this work in decreasing the chance of a guilty verdict? Is this all an urban legend?

Just to clear things up, I am not attempting to avoid this situation, I am merely afraid that if I go in to court and tell the truth, that it will be my word against the cops. As the cop has a far better relationship with the judge, I can see this costing me money for something of which I am not guilty. Does anybody have any suggestions? experiences? Or am I pretty much bugger'd?

Thanks!

Were you on your cell phone driving in the proximity and approx. about the time of your citation ?

If yes , then pay up .

You can not use the excuse to delay for a due date .

If you weren't on the phone driving within the approx. time , or fiddling with it , then get your records and contest it .

 

[Zigner]

Problem is, how can you prove you only have one phone? (I use 1, but I have 3 others in my name, + a work cell phone)

 

[gjohnson9894]

Through phone records, I can prove that I wasn't actively using my phone at the point of arrests, but....

I can not prove that I do not get coverage in that area.

I can not prove that I was not fiddling with my phone. His word vs mine

I can not prove that he saw me merely sitting in a position that could be considered a position one may hold while talking on the phone in a car. His word vs mine

I shouldn't have to prove any of these things, as I am innocent until proven guilty (except in traffic court). I'll get my phone records, put in my delay trial request, go and tell the judge what happened and see what happens. Sorry - not being a cry baby, this is just frustrating - paying a lot of money for something that I didn't do.

Thanks for the advice though.

 

[Zigner]

Through phone records, I can prove that I wasn't actively using my phone at the point of arrests, but....

Ok, but what about your wife's phone, or your kid's, or your bosses' etc etc etc.

You can cast doubt, but you can't PROVE...

 

[The Occultist]

I shouldn't have to prove any of these things, as I am innocent until proven guilty

Unfortunately, the testimony from the non-biased expert witness will be enough "proof" against you, and that is why you must provide evidence to refute his testimony.