Cell Phone Use In A School Zone

[BaldingCypress]

Texas
I was pulled over within a school zone for using my cell phone. THB 55 states that cell phone use within a school zone is prohibited and punishable by a maximum fine of $200. I did have my cell phone in my hand but was merely checking the time as I was late for class. I have my cell phone records printed out that show no phone calls or texts were made that day before the citation was issued. Will this evidence be enough to at least allow a reduced fine or defensive driving? I am representing myself in a Bench Trial. Thanks.

 

[Dillon]

Texas
I was pulled over within a school zone for using my cell phone. THB 55 states that cell phone use within a school zone is prohibited and punishable by a maximum fine of $200. I did have my cell phone in my hand but was merely checking the time as I was late for class. I have my cell phone records printed out that show no phone calls or texts were made that day before the citation was issued. Will this evidence be enough to at least allow a reduced fine or defensive driving? I am representing myself in a Bench Trial. Thanks.

if me, I would ask for a full trial by jury, once it cost the state more money, they will drop the charges.

its nice you got the cells records but thats not your burden, its the states.

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I would not even admit to using the cell as a clock, but thats me.

 

[justalayman]

if me, I would ask for a full trial by jury, once it cost the state more money, they will drop the charges.
.

I don't know where you come from Dillon but most states do not fear spending the taxpayers money to prosecute crimes.

 

[Captain Picard]

Then you were not using your phone .. but looking at your clock. Do they know it is a phone? Did you tell them it was a phone? See why you need to keep quite during a police encounter?

The officer will say he saw you using your phone...

Object to testimony, cross the officer well, and ask for a summary judgment after the state rests. You may win right there. Your phone records? You want these made public??

 

[BaldingCypress]

Then you were not using your phone .. but looking at your clock. Do they know it is a phone? Did you tell them it was a phone? See why you need to keep quite during a police encounter?

The officer will say he saw you using your phone...

Object to testimony, cross the officer well, and ask for a summary judgment after the state rests. You may win right there. Your phone records? You want these made public??

I will post my phone records on the courthouse wall to avoid a $200 dollar ticket for checking the time.

 

[Dillon]

I don't know where you come from Dillon but most states do not fear spending the taxpayers money to prosecute crimes.

California, my state is broke...

we need a bailout soon...

 

[CSO286]

Then you were not using your phone .. but looking at your clock. Do they know it is a phone? Did you tell them it was a phone? See why you need to keep quite during a police encounter?

The officer will say he saw you using your phone...

Object to testimony, cross the officer well, and ask for a summary judgment after the state rests. You may win right there. Your phone records? You want these made public??

Using the phone as a clock is still using the phone.

 

[Dillon]

Using the phone as a clock is still using the phone.

not used in the capacity of a cell phone.

 

[OHRoadwarrior]

Was there a sign noting it to be an illegal act?

 

[Captain Picard]

Using the phone as a clock is still using the phone.

Yes and using a hammer to bash in someone's skull .. the hammer is now a murder weapon lol

its a phone .. its clock ... its a clock ... its a phone .... depends on its use I guess .. like a hammer

 

[justalayman]

California, my state is broke...

we need a bailout soon...

OP is from Texas so what happens in Cali is of no concern. They don't mind spending the money in Texas.

 

[justalayman]

not used in the capacity of a cell phone.

so, hunt up the statute to show that the phone can be used as a clock or whatever as long as it is not being used as a phone.

Realize that even though the OP wants to argue his cellphone records show there was no call made at that time, things like reading texts do not show up on phone records as the phone being in use. Only receiving and sending them triggers a recording of use (for that type of use).

 

[HighwayMan]

OP is from Texas so what happens in Cali is of no concern. They don't mind spending the money in Texas.

But Cali is in Colombia...