Quote:
Originally Posted by carogers86
Only costs I paid were time. My bail amount was $207, which I paid maybe 4 months ago. Court said I should receive a $207 check in the next 6-8 weeks.
Line of questioning followed what I wrote in earlier posts. I received a ticket for being "distracted." According to CHP, I became distracted once the second earpiece made contact with my ear.
FYI everyone has the right to a cross-examination. Judge almost advised me to get to my defense piece, but I knew I had the right to cross-examine CHP after his testimony.
I asked him how well he remembered the conditions on the freeway when he pulled me over. He said he remembered the conditions pretty well. I got him to agree with me that I was in traffic averaging 10-15mph. I asked him how he knew I was wearing a headset in a way that made me distracted. He said he was behind me for around a minute. I asked him if I was switching lanes or driving erratically while he observed me. He truthfully answered no, but did say he could tell I was on the phone because I was the only person in the car and I was talking (this is true). I asked him if he could remember how long it took me to pull over once he lit me up. He said not anything unusually long. I asked if he would agree that I pulled over prudently. He said, "sure." He made a point saying that being on the phone is a distraction, but I asked if it's against the law to be on the phone while operating a motor vehicle (obviously it is not against the law if you are using a hands-free device). It is against the law to be talking on the phone while operating a motor vehicle in a way that causes a distraction or attenuates the sound of emergency vehicles.
Summa Summarum: I received a ticket for being "distracted," but proved I was using an earpiece(s) that does not attenuate the sound of emergency vehicles, nor was I using the same earpiece(s) impaired my ability to be attentive to the road in the driving conditions in during which I was pulled over.
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I see well that worked out well then, good for you.
