What is the name of your state (only U.S. law)? California
I went to court today for a trial on charge CVC 23123(a), Handleheld Wireless Telephone - Prohibited Use. When the trial began, the officer asked if I was pleading guilty or not guilty. After I stated that I was pleading not guilty to the charge of CVC 23123(a), Handheld Wireless Telephone - Prohibited Use, the officer stated that he was amending the citation to include CVC 22350, Basic Speed Law, which would be a point on my record, versus the 23123(a) charge, which was no points. When the officer pulled me over I was absolutely not speeding. According to the officer's notes, which I reviewed, I was going 35-40 MPH in a 45 MPH zone. The officer never mentioned any other charge. However, when he stopped me he commented that he thought I was going too slowly due to being distracted by my phone, so I think he will claim I was going too slow, and creating unsafe conditions.
I maintain my innocence on the charge of 23123(a) and was simply looking to have my day in court, and I believe the charge of 22350 is absolutely baseless. I believe that the officer is trying to intimidate me and abuse his power. I thought it was my right to have my day in court and have a judge hear the case and make his decision on the charge against me, and I am fully ready to abide by whatever decision the judge makes. But apparently the price I have to pay to have my day in court is to risk getting convicted of an additional charge which there was no mention of until I declared in court that I was pleading Not Guilty to the CVC 23123(a) charge.
My trial (on two charges now) will be in two weeks. I'm very concerned that the officer will simply make up something related to the new charge, and then it will be my word against his, and the judge will likely side with him. He seems clearly out to get me for simply wanting to have my day in court. I'm looking for any recommendations about what I can do about this situation. Thanks.
I went to court today for a trial on charge CVC 23123(a), Handleheld Wireless Telephone - Prohibited Use. When the trial began, the officer asked if I was pleading guilty or not guilty. After I stated that I was pleading not guilty to the charge of CVC 23123(a), Handheld Wireless Telephone - Prohibited Use, the officer stated that he was amending the citation to include CVC 22350, Basic Speed Law, which would be a point on my record, versus the 23123(a) charge, which was no points. When the officer pulled me over I was absolutely not speeding. According to the officer's notes, which I reviewed, I was going 35-40 MPH in a 45 MPH zone. The officer never mentioned any other charge. However, when he stopped me he commented that he thought I was going too slowly due to being distracted by my phone, so I think he will claim I was going too slow, and creating unsafe conditions.
I maintain my innocence on the charge of 23123(a) and was simply looking to have my day in court, and I believe the charge of 22350 is absolutely baseless. I believe that the officer is trying to intimidate me and abuse his power. I thought it was my right to have my day in court and have a judge hear the case and make his decision on the charge against me, and I am fully ready to abide by whatever decision the judge makes. But apparently the price I have to pay to have my day in court is to risk getting convicted of an additional charge which there was no mention of until I declared in court that I was pleading Not Guilty to the CVC 23123(a) charge.
My trial (on two charges now) will be in two weeks. I'm very concerned that the officer will simply make up something related to the new charge, and then it will be my word against his, and the judge will likely side with him. He seems clearly out to get me for simply wanting to have my day in court. I'm looking for any recommendations about what I can do about this situation. Thanks.