What is the name of your state (only U.S. law)? California
My wife was pulled over by a motorcycle officer in our city claiming that she was using her cell phone while driving. She actually was not using her cell phone and was putting her hand against her head because she was in discomfort (she had a medical illness at that time). In fact, her cell phone was in a backpack in the trunk of our SUV. My wife offered the officer to search her for a cell phone but the officer refused and quickly gave her the ticket. The officer was not polite and was arrogant. My wife signed the ticket and now is awaiting to appear in court to hopefully contest the ticket. We are frustrated because this officer erroneously gives a ticket with no real proof other than it was her word (it was a female officer) against my wife's. My wife offered to be searched for a phone but the officer declined. We also have the cell phone statement that shows no incoming or outgoing call occurred during the alleged time of violation. Can this ticket be fought? We are law abiding citizens and my wife has never had a moving violation before. We don't know what to do Can anyone help with advice?
My wife was pulled over by a motorcycle officer in our city claiming that she was using her cell phone while driving. She actually was not using her cell phone and was putting her hand against her head because she was in discomfort (she had a medical illness at that time). In fact, her cell phone was in a backpack in the trunk of our SUV. My wife offered the officer to search her for a cell phone but the officer refused and quickly gave her the ticket. The officer was not polite and was arrogant. My wife signed the ticket and now is awaiting to appear in court to hopefully contest the ticket. We are frustrated because this officer erroneously gives a ticket with no real proof other than it was her word (it was a female officer) against my wife's. My wife offered to be searched for a phone but the officer declined. We also have the cell phone statement that shows no incoming or outgoing call occurred during the alleged time of violation. Can this ticket be fought? We are law abiding citizens and my wife has never had a moving violation before. We don't know what to do Can anyone help with advice?