We have all been driving down the road and pulled up next to that person barely paying attention to their driving as they text vigorously on their phones. I usually give them a little honk to say hello. And while an officer viewing the crime of texting and driving would certainly be enough, rarely will they get that opportunity. The fact of the matter is, that all of us, whether guilty of a crime or not, straighten up when the law is around. The simple sight of an officer in your rear view mirror is enough to make you extra vigilant in your driving. Likewise, people put their phones away and do their best to keep it between the mustard and the mayonnaise. But once that officer is gone, back to the phone they go, with little concern for the law.
Legislation such as this is almost impossible to enforce. The evidence at trial is almost always he said she said testimony and the officer generally will win that battle. That being said, how do I beat a texting and driving ticket at trial? The safest bet is to make sure that you always have someone with you who can testify t such. While an officer has no motivation to lie, two people's testimony is almost always more powerful and the two individuals in the vehicle would certainly have more knowledge on the matter. But even further proof would be in the phone records themselves. Make sure that the officer notes the time of not only the stop, but the alleged law violation. If your phone company has done their job then you could show easily that you were not texting at the time of the stop.
Whichever courses of action or strategy you decide to take remember to always contact an attorney to assist you.
The choice of an attorney is an important decision and should not be based solely on advertisements.
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