Ticket for using cell phone without having one (NYC)

[Antoniogl]

What is the name of your state? NY

I begin by saying that I don't have a cell phone. As a matter of fact I never had one. I was stuck in traffic on the expressway (278 east) in Staten Island when I was pulled over for using a cell phone. The officer had just merged into the highway when he decided to pull me over for using a cell phone. I was just sitting in traffic by myself and was not using any kind of cell phone. I was neither borrowing soneone else's. I asked the officer politely what I did wrong and he inmediately replied that I was using a cell phone and that he was observing me for about half a mile. (if I'm not mistaking merging lanes are not half a mile long) My response was that i was not on any cell phone and that I don't even own a cell phone. I also offered the officer freedom to search my car twice. On both instances he refused to do the search and he just advised me to read the instructions on what to do on the back of the ticket.

My question is how do I prove in court that I don't have a cell phone? Also, Does anyone know if this violation is penalized with points on your drivers license?
Any ideas or advice will be greatly appreciated.

Thanks,

Antonio

All you can do is go to court and plead not guilty. When your trial date comes, tell this story.