If I received a ticket for texting but I wasn’t texting, can I fight it?

UPDATED: Oct 1, 2022

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If I received a ticket for texting but I wasn’t texting, can I fight it?

I was using my phone to check if I would be late to school by using my gps because there had been an accident that day on the freeway so there was a lot of traffic on the street. Usually it takes 10 minutes to get to school but it seemed like forever. So I pulled my cell phone to check and I was pulled over by a cop and he saw me using my phone. He first said,

Asked on June 23, 2018 under General Practice, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You are not allowed to do anything on a handheld phone while driving--that includes pulling it out to check GPS, checking emails, etc. So even if you could prove you were not specifically texting at that time, having and using your handheld phone while driving is still ticketable.

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