On the first day of July 2008 I received a 'cell phone ticket' from a cop who felt it necessary to use his siren to pull me over. It was the first day the law went into effect, and police throughout California didn't waste any time searching for offenders. The officer came to my car window and asked if I had forgotten to buy my headset or if I had not seen the reminders that the law went into effect today.
I had a brief conversation with the officer and informed him that I will never wear a flashing electronic device attached to my head, that government has no authority to dictate such things, and furthermore, that government has no authority to dictate who, how or when I speak with somebody. I told him that i was aware of the law, but I reject the law as invalid and tyrannical, and that I would fight the ticket in court. It was an amiable conversation; I was not fighting with him, but merely stating a plain case. He insisted in reply that he thought the law is great and that it "save lives", which is a completely baseless and unproven contention. I contended that the law, officially known as Hand-Held Wireless Telephone: Prohibited Use , was unconstitutional.
The fact that something is at odds with the constitution rarely sways the establishment, though, so my gameplan was that if I did not win on those grounds, as was my primary preference, I would win by drowning them in their own procedural paperwork. There is an excellent treatise on the unconstitutionality of cell phone laws, which was filed in a case out of New York a few years ago. The defendant in New York lost her case, but the arguements seem valid nevertheless. As I outlined in a previous article, there are plenty of reasons why everyone should fight their traffic tickets.
If someone wants to fight their cell phone ticket, the first thing they must understand is that as with any ticket, we are entitled to the presumption of innocence. You may have indeed been talking on your cell phone, but it is incumbent upon the state to prove their case. If they want a hundred or more dollars from you, as they did with me for the mere crime of answering my wifes phone call, you may as well make them work for it!
The first thing I did when the cop wrote the ticket was demand a 'change of venue', which generally makes them drive out of their way. The officer in my case actually didn't know what the county seat was, and was not familiar with 40502(b), so I told him to call his watch commander, who would explain it to him. He did so, and proceeded to give me the 'county seat' as required by law (if you demand it).
Once you request the county seat and sign the ticket, you are required to appear at your arraignment. I always get the maximum number of extensions, as dragging it out seems to make the officer forget about the court date. Since the officer serves as the sole witness for the prosecution, if he doesn't show up the case will likely be dismissed. Sometimes judges will try to reschedule the trial, but if you know your rights, you will not agree to a postponement.
What happened next is not relevant to your issue and is not necessary reading in order for you to fight your ticket, but it is a true example of how one must be steadfast in fighting the statist nonsense if one is dedicated to advocating an accountable, limited servant government.
In my case, the crooks did something untoward. When I got the notice in the mail for the court date, I saw that the Azusa police had not filed the ticket with the Los Angeles County Seat as was written on the ticket, but rather had gone ahead and filed it with their local court in West Covina, about a mile away from their police station. So, I sent them a nice letter explaining that the West Covina court had zero jurisdiction in the matter, and that they are to file the ticket with the proper court as per the CA vehicle code. Otherwise, I explained, I would file a civil rights lawsuit against them in 5 days, for violation of my due process, tampering with evidence and altering an official document. I sent this letter certified mail with an (electronic) return reciept, to prove they got it. Whad'ya know, without any response to me, they magically saw the light and changed it to the proper court: L.A. County Seat Courthouse, on Hill Street.
However, they had done so too late. When I showed up for my court date on 9/12/08 at the Los Angeles County Seat court on Hill Street as promised on the citation I signed, the shrew of a court clerk (a really very power-starved, nasty and unprofessional woman) had the gall to refuse to let me see any judge for my arraignment because, as she put it, 'we have no record of this ticket'. I told her that wasn't my problem, showed her the citation, and demanded to see a judge as lawfully required on my promise to appear. She said NO. I called her supervisor and he was at lunch. She asked me to sign what she called a 'TRACER', & said the court would contact me if they found the ticket. So I went home.
About 3 weeks later I recieved a notice stating that my license was being suspended, that there was a warrant out for my arrest, and that the fine had increased from $93 to almost $1000, because a 'FAIL TO APPEAR' had been issued.
Can you IMAGINE the consciousless evil of such satanic filth who would dare pull such an affrontive operation? I have already known for years that government is unspeakably corrupt, which is one reason I always fight tickets, but words can not describe the anger when I recieved this letter.
I reached the court supervisor by phone to detail this outrageous fraud and demanded he remove all these phony charges immediately, which, to his credit, he did.
I got my court date after a few extensions (always get extensions, it always helps.) I pled not guilty and got an "own recognizance" (bail waiver) to avoid paying the scum $93 bucks 'bail'.
I then filed a ''discovery request'' with the local D.A. In a traffic infraction case, this is an informal process which involves sending letter (certified with a return reciept, if you're smart) to the D.A. who is prosecuting the case. Although the D.A. never shows up to traffic cases personally , at least as far as I have seen, they are indeed the prosecutor and must comply with your discovery request. This is part of our basic due process, your right to examine all the evidence against you.
I showed up to court April 24th for my trial, and the dumb-as-a-rock socialist pig cop, who had explained at the time of the ticket that he loved the cell phone law because 'it saved lives' (complete nonsense) did not show up. Probably for a number of reasons:
1. Nearly a year had gone by since he wrote the ticket
2. I had subpoenaed all sorts of stuff to make it hard on him
3. Traffic tickets must be adjudicated within 45 days of arraignment, and since I had appeared for arraignment 9/12/08, it had long been past 45 days. Despite the fact that the pig clerk and her pig supervisor claimed that they were not obligated to let me see the judge that day, I am sure that is complete nonsense and that I would have certainly won even if the pig cop had shown up.
By the way, if anyone resents the fact that I refer to all these scum as 'PIGS', too bad. A spade is a spade and a pig is a pig. Do more research and you will realize that we live in a literal satanic inspired police state. We must all fight with everything we have to resist this evil tyranny which has envloped our nation on every level. That is why I fight traffic tickets and every other sort of evil oppressive tyranny that the state and it's loyal servants employ.
It is such a great feeling when you beat these things that I always encourage others to do so. Many of my friends, all of whom had never fought a ticket, have fought and won in court at my suggestion. A few sites I highly recommend are HelpIGotaTicket.com. This is the free informational site where I learned all this stuff. It is a top notch website, whose editor Geo McCalip should be applauded. Also, see HighwayRobbery.Net: Everything you ever need to know about fighting red light camera tickets.
Please remember that i am not a lawyer, nor would i want to be. "Woe to you lawyers also, because you load men with burdens which they cannot bear", Luke 11:46
Glory to God in the Highest.
Here is a video I made at the court: How I Beat A Cell Phone Ticket In California
Comments
How dare you consider your cell phone calls more important that the safety of others. I was the victim of a vehicle collision that was the fault of someone who was talking on a cell phone while they were driving. I am now diabled for life because of the inconsiderate actions of someone irresponsible. I hope the next time you are not so successful with fighting your ticket. Unfortunately you seem like the type of person who will realize the error of your ways once you or someone you know becomes the victim of an accident caused by such selfishness.
Hey Luke..enjoy your miserable disable life...lying sack of crap...stop BS'ing..everyone..use your cell phone at will and fight them tickets
I can put makeup on, in the car while staring into the mirror(not that i ever would) and not receive a ticket. I can talk to someone else in my car and drive unhanded, and not receive a ticket...i don't see how ticketing people who talk on their cells are putting anyone in danger. Texting maybe.....But not talking.
Good for you!!
You're story motivates me to fight my ticket :)
I appreciate your taking time to share your story.
Police is becoming a means to raise funds for cities/counties.
States Legislatures are out of touch and out of control. They keep making laws, and seek ways to expand local and state governments.
I was at first tempted just to call you an idiot and nothing more. When I read the response from Luke I decided to add more. The officer may have given a non verifiable explanation. What he didn't mention was that The California Highway Patrol conducted research through traffic accident reports as to whether the use of a cell phone while driving may have contributed to the reported accidents. The results were that a high percentage of accidents were caused by drivers using a cell phone. The distraction of cell phone use has been determined to divide the driver's attention significantly. It can cause a driver to miss a hazard or not perceive a dangerous condition as well as reduce the driver's ability to react in steering and braking. There you have a logical
explanation for the "cell phone law". Ah yes, I have wasted my time. You are clearly not a logical thinker.
Oh one more thing. You're still an idiot!
i am in san diego superior court to fight my ticket today. the info. person says that there is no record of my ticket. i inadvertaintly forgot to bring my ticket, so she used my drivers license. what she then said was to call back every couple of weeks to see if the ticket has been filed, or to bring in my ticket and they will research it.
i got my ticket @the beginning of dec. and its now the 2nd week of feb, more than 60 days.
the question: should i keep calling back, in hopes it was mybe lost or bring in the ticket for them to research. i dont want to get in trouble for not coming to court, as ive been here 2x since i got my ticket w/no record.
I love that you fought this cell phone ticket law. I just recieved one 20 mins ago as I was pulling into my college parking lot. By pulling me over he actually caused more dangers to others then if he would have not pulled me over. This law is just another way to make money. I need some advice in getting out of it since I alrerady signed for it and have a court date assigned.
Jimmy W.:
Your points and research that talking on a cell phone while driving is dangerous is not something any logical person would argue with. However, what you fail to state is any evidence that the dangers are caused by physically holding the phone in your hand. There are plenty of reports that the dangers of cell phones while driving have nothing to do with hands-free or not, they have to do with distractions of the mind. If hands-free was the issue, we should make it a crime for any person with only one hand to drive. Cell phones in cars are dangerous, but so is talking to a passenger, should we outlaw that?
Awesome Point Mike- Jimmy does not through research all the facts! I guess that is Why I see cops talking on the cell phone as well or eating their donuts while driving patroling the streets. Cities and counties have added this law to just add to a new way to generate revenue.
I agree! Texting on a cell phone can be dangerous because our eyes are not on the road at certain times, however, holding a phone or looking at the time is a different story. If we can't even hold a phone in our hands, then it should be illegal to eat while we are driving too..We should be pulling people over who are holding water bottles or food for that matter. Is that not as much, if not more, of a distraction??
Jimmy W.:
Your points and research that talking on a cell phone while driving is dangerous is not something any logical person would argue with. However, what you fail to state is any evidence that the dangers are caused by physically holding the phone in your hand. There are plenty of reports that the dangers of cell phones while driving have nothing to do with hands-free or not, they have to do with distractions of the mind. If hands-free was the issue, we should make it a crime for any person with only one hand to drive. Cell phones in cars are dangerous, but so is talking to a passenger, should we outlaw that?
Thanks for sharing your story. I thought it was a good read. Luckily my brother in law works as a sheriff in the courts and was able to get me off my last one I received.
I agree with most of your post. I know the streets very well and I know what cops go through to keep us safe, but on that same note, I have been a victim of unfair citations many, many times. I have challenged and beat a few, but lately it seems harder and the fines are getting higher. One thing is arresting criminals, but another thing is issuing $450 citations to working families. BY THE WAY! Headsets have caused me to swerve way more than answering my cell phone every has.
I fought my ticket but lost! The judge was a complete you know what and she found me guilty! It's beginning to feel like we live in a tyrannical state. They have a law for every stupid thing. Many people like the laws cause it makes them feel "safe". But little do they realize that each time a new law is passed it's just another infringement on our freedom. Especially these stupid laws like helmet, seat belt and cell phone. Next you won't be able to touch your car radio without it being an offense. The court system is a joke...it's all about generating revenue any way they can(cell ticket 25+115 in fees!). Most involved in the "system" are caught up to far in the "system" and rely on it for their income to do anything to improve it. The cell phone bill is just another example of how government has overstepped it's bounds and caused citizens to loose faith in the police, the court system and our politicians. Get out there and vote... be the change you want to see in the world.
You sir are awesome!
hopefully your fine doubles next time, almost everytime I see someone driving dangerously, they are on their phone. I like to use mine in the car too and hope I don't get caught, but I wouldn't pretend for a second that it is safe. There is overwhelming research showing that driving while talking is bad...we're not the only state to ban it and it's been banned in many countries for that reason, not to put a damper on your rights but to protect the people around you.
To banning drivers with one arm, the problem with that is holding a phone with one arm and driving with the other is multitasking and distracting. A person driving with one arm wouldn't have that issue. I get it though, making fun of disabled people, haha.
The bottom line is that it is unconstitutional to ban the usage of cell phones when you please to do so!!!
The cops are f**cken F@G$. I used my cell today while the light turned red, and before it turned to green I set it down. The P!G was ready to turn left and I was two lanes afar from him. The h0m0 followed me and I asked him why he was stopping me. The son of a b!tch said, after you give me your license, your registration and proof of insurance I will tell you. I said was it because I used my cell phone while the light was red? The P!G then said, you were still using your cell phone when you must have your hands free. After he swa my perfect record and my license as well as my incurance. I asked him, how much will the ticket be? He responded, it all depends on the court. And then P**$$Y lips had the nerve to say, drive carefully and I said, I always do. I would go fight this ticket, but I don't want to lose a day from work. I had had a perfect attendance for the last 5 years. I was not driving hhen I used the phone, it was at a red light for heaven's sake, and I put it down before it turned green. This was like if I was changing radio stations. These p!gs are just prettending to look bussy when the fact is that they are afraid to go fight REAL crime. Why don't they go where all the mother f**cker cholos are committing crimes? This officer Geiss is an arrogant cop who uses his power to look down at you. This happened in Norwalk California. Stay away from this arrogant p!g, who will threat you as if you committed a crime by using the cell phone even at a red light!!!
What happens to cops using cell phones in their cars?
Exactly my point.... Cops are above the law and do not set a good example! By the way, Has anyone seen a cop wear a "Hands-free device"?
the laws a joke, i see cops on phones while driving all the time. they are not above the law. if they can do it, why cant i?its all about money$$$$$
don't be an idiot, you can still delay dates, request a trial by declaration, then request a trial de novo if you lose then delay some more and file discovery requests and motions to dismiss without missing a day of work. By the time you have a final trial date that you can't postpone, it will be months down the line. If you aren't able to take a vacation day or some other type of personal leave with that much advance notice, you really need to think twice if it's worth continuing with your perfect attendance B.S.
Eating while driving is more dangerous.
Thank you! I think you are most inspirational person who actually took the time to write such a wonderful piece! I am very impressed with your detail and penmenship!
Thak you again!
Oh, ok..then i guess the young lady who was on her cell phone in a parking lot who ran over my friend not once, but twice...was excercising her Constitual Rights? BS....my friend died and it ended her Constitutional Rights...period!
well i gott olot of tickets and is only because i drive a caddillac escalate i was no were near my cellphone and they always get me for that ,i dont know what to do it feels as if they are harrasing me
every morning i go to school i see the same p.i.g stopping hard working people , then when i come back i still see him in the same spot writing onother . i always use to see him and think to my self he is doing his job but not intil his stop me for no reason,,he claim that i was on my cell phone when i wasent i was just driving he only stop me to ruin my day and to confirm that they are what they say they are .a
Great article, I very much appreciate your advice. Make it as tough on them as possible, especially when you feel your rights are being violated.
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