How can I defend myself in court for a texting while driving ticket?

UPDATED: Oct 1, 2022

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How can I defend myself in court for a texting while driving ticket?

I was pulled over for speeding about 2 months ago around 12:08 am after coming home for work. The cop says I had my phone on my lap and it was light up my face which I beg to differ, as it was in my cup holder at the time. The cop asks if I was texting. I told him No, I was not. He demanded to look at my phone to see the time stamp as there was an unopened message from a friend. I told him No you may not see my phone. Then he proceeds to give me a ticket for speeding and Use of an electronic communication device while driving – text messaging. I went to court today and showed the county attorney the talk, text and the data logs shows that I wasn’t on my phone at all. The cop is saying my phone was on my lap and it was lighting up in my face versus the phone being in the cup holder. My talk logs shows 1 phone call made at 12:03 am but I was using my cars hands free Bluetooth device. My data logs show no data around the time I got pulled over and my text logs show no incoming or outgoing text messages at that

time. So now a new court date for 2 months from now.

Asked on November 1, 2018 under General Practice, Iowa


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

All you can do is present your testimimony, your evidence (e.g. date log), and side of the story as you presented it here--but expect that you will most likely lose anyway. It comes down to credibiity: you have an obvious bias or agenda--avoid a fine and points. The officer, on the face of things, does not: he has nothing to gain from your ticket. He is neutral; you are biased. He is sworn to uphold the law; you are not. He is a trained observer; you are not. Not surprisingly, the police overwhelmingly believe the police officers, not the people they ticket.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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