[update] fighting a traffic (cell phone) violation

This afternoon, I picked my kid up from school, and after driving just a couple hundred yards I was stopped by a motorcycle cop and got a ticket for a "cell phone violation". I'd just finished biking, and when I started driving, my phone was in my pocket.  I remembered that I hadn't paused the GPS (it was on when I was biking), so pulled the phone out of my pocket, hit the pause button, and stuck the phone in a holder on the dash. Then I got pulled over and got the ticket.

There was no call, no texting, just the GPS. It seems that GPS on a cell phone is OK:

http://www.latimes.com/local/la-me-cellphone-court-20140228-story.html

So, I'm wondering what sort of evidence I could provide to dispute it. I've got my cell phone and texting logs. There are no calls at all, and only one relevant text message from about 15 minutes earlier---and that was from my son, who was in the car with me, so I wouldn't have had any reason to check that one. But, those logs don't seem very convincing, as it would be trivial to fake them.

Anyways, just wondering if anybody has any suggestions. Thanks.

My buddy disputed a cell phone ticket on the GPS defense when he was pulled over and the cop let him go.  Not sure how it would go now that you have the ticket in hand.

Good luck though!

tough to see us motorcycles with that phone in your hand aint it?

sees phones in 95% of cars...one in back ground is on a pay phone too 

That totally sucks.  Honestly, I don't know how you could get out of this one, but did you tell the officer that you were just putting the phone away, or that you were actually doing something on it, or did he actually see you doing something? 

Since I've never owned a cell phone this is merely speculation..but....I imagine you get, or can get, a log of your cell phone activity. This log should show the exact times of your call.
There should also be a time posted on the ticket.
Compare the two.
Let's say for example your last call was at noon and lasted 15 minutes and the ticket is posted at 12:45. How could you have possibly been on the phone?
If you were merely putting something away then it may as well have been a Hershey bar as a cell phone.
Coordinate times of calls with the time of the ticket. That would be my defense.
I'm no lawyer, but I've gone to court 3 times pro per and have never lost....just sayin'.

If it's worth fighting then get the phone call records from the cell company and give it a try.  Cops get lied to all the time.  I was just moving my phone not using it.  I only had two beers officer.  What that seat belt was on the whole time and no I didn't just put it on while you were walking up here. 

Go to court and plead you want to contest the ticket and they will set a court date.  File a Discovery request, ask for logs, testimony, notes, etc.  Bring your phone bill that has details to back up what you say.  PM me.

Or if it's your first offense in along time, go attend an internet based traffic court.

Don't go to court. Fight the ticket via the mail. It’s called Trial by Declaration.  (Do google search how to do this)

With traditional traffic court, the officer is paid to appear, but in Trial by Declaration it is simply more paperwork. If the officer does not respond to the ticket and complete the paperwork it is dismissed.

One of the major differences with Trial by Declaration is that your letter must include your bail and the amount on the ticket, which can range from $150 to $500. If you go to traditional traffic court, you don’t have to pay the ticket until a decision is made by the judge.

But what if you lose? The advantage of Trial by Declaration is that you can ask for a physical trial and an actual trial if you don’t like the results of the trial by mail method: meaning you get a second chance. At this time, ask for extension by mail.  When it is about to relapse, go in person to the court house and ask for a second extension.  By now, nearly a year should have passed. Now subpoena evidence in the discovery process before trial  demanding the cop's ticket book, notes, a copy of the oath the officer swears to and use that in your defense.  Cops almost never reply to that, and you'll win.

But wait!
There's more!
If the judge somehow does rule you guilty at the trial, within 20 days, mail in a demand for a TRIAL DE NOVO, which is also your right. This drags it out even further. This means an entirely new trial in person (It's not an appeal.) By the time it gets around to the actual court date, so much time has passed that prosecution witness (the revenue agent cop) rarely shows up.

All it takes on your part is a little grit and the simple desire to stand up against the revenue state. Saving all that money on fees, fines, traffic school and increased insurance rates comes in handy.

Don't go to court. Fight the ticket via the mail. It’s called Trial by Declaration.  (Do google search how to do this)

With traditional traffic court, the officer is paid to appear, but in Trial by Declaration it is simply more paperwork. If the officer does not respond to the ticket and complete the paperwork it is dismissed.

One of the major differences with Trial by Declaration is that your letter must include your bail and the amount on the ticket, which can range from $150 to $500. If you go to traditional traffic court, you don’t have to pay the ticket until a decision is made by the judge.

But what if you lose? The advantage of Trial by Declaration is that you can ask for a physical trial and an actual trial if you don’t like the results of the trial by mail method: meaning you get a second chance. At this time, ask for extension by mail.  When it is about to relapse, go in person to the court house and ask for a second extension.  By now, nearly a year should have passed. Now subpoena evidence in the discovery process before trial  demanding the cop's ticket book, notes, a copy of the oath the officer swears to and use that in your defense.  Cops almost never reply to that, and you'll win.

But wait!
There's more!
If the judge somehow does rule you guilty at the trial, within 20 days, mail in a demand for a TRIAL DE NOVO, which is also your right. This drags it out even further. This means an entirely new trial in person (It's not an appeal.) By the time it gets around to the actual court date, so much time has passed that prosecution witness (the revenue agent cop) rarely shows up.

All it takes on your part is a little grit and the simple desire to stand up against the revenue state. Saving all that money on fees, fines, traffic school and increased insurance rates comes in handy.

Thanks for the education, I will remember this one for sure 

Don't go to court. Fight the ticket via the mail. It’s called Trial by Declaration.  (Do google search how to do this)

With traditional traffic court, the officer is paid to appear, but in Trial by Declaration it is simply more paperwork. If the officer does not respond to the ticket and complete the paperwork it is dismissed.

One of the major differences with Trial by Declaration is that your letter must include your bail and the amount on the ticket, which can range from $150 to $500. If you go to traditional traffic court, you don’t have to pay the ticket until a decision is made by the judge.

But what if you lose? The advantage of Trial by Declaration is that you can ask for a physical trial and an actual trial if you don’t like the results of the trial by mail method: meaning you get a second chance. At this time, ask for extension by mail.  When it is about to relapse, go in person to the court house and ask for a second extension.  By now, nearly a year should have passed. Now subpoena evidence in the discovery process before trial  demanding the cop's ticket book, notes, a copy of the oath the officer swears to and use that in your defense.  Cops almost never reply to that, and you'll win.

But wait!
There's more!
If the judge somehow does rule you guilty at the trial, within 20 days, mail in a demand for a TRIAL DE NOVO, which is also your right. This drags it out even further. This means an entirely new trial in person (It's not an appeal.) By the time it gets around to the actual court date, so much time has passed that prosecution witness (the revenue agent cop) rarely shows up.

All it takes on your part is a little grit and the simple desire to stand up against the revenue state. Saving all that money on fees, fines, traffic school and increased insurance rates comes in handy.

Is your retainer fee the same as your motorhome repair fee?????? 

I think the intent was distracted driving so any use of phone even turning on or off would be a problem.

To be devil's advocate, I'd say that many distracted drivers aren't making a phone call or actively sending a text, they are checking their texts, reading emails, browsing the internet, etc. All items that don't have a timecode or record or whatever. Seems like it would be down to the policeman who sees someone looking at their phone in their hand and, in their opinion, being distracted from their driving.

I bike everywhere, and it seems like every other car that goes by (and/or turns in front of me) has a driver with their cellphone in their lap, in their hand, or otherwise distracting them. Super dangerous (to me at least).

Yup.... I say pay. If the officer felt it was worth the 1.5-2.0 hrs of paperwork to write the ticket.... He'll show up. You'll lose. You'll pay more $$$ Don't even finger the phone in a School zone 'cause their watching!

Don't go to court. Fight the ticket via the mail. It’s called Trial by Declaration.  (Do google search how to do this)

With traditional traffic court, the officer is paid to appear, but in Trial by Declaration it is simply more paperwork. If the officer does not respond to the ticket and complete the paperwork it is dismissed.

One of the major differences with Trial by Declaration is that your letter must include your bail and the amount on the ticket, which can range from $150 to $500. If you go to traditional traffic court, you don’t have to pay the ticket until a decision is made by the judge.

But what if you lose? The advantage of Trial by Declaration is that you can ask for a physical trial and an actual trial if you don’t like the results of the trial by mail method: meaning you get a second chance. At this time, ask for extension by mail.  When it is about to relapse, go in person to the court house and ask for a second extension.  By now, nearly a year should have passed. Now subpoena evidence in the discovery process before trial  demanding the cop's ticket book, notes, a copy of the oath the officer swears to and use that in your defense.  Cops almost never reply to that, and you'll win.

But wait!
There's more!
If the judge somehow does rule you guilty at the trial, within 20 days, mail in a demand for a TRIAL DE NOVO, which is also your right. This drags it out even further. This means an entirely new trial in person (It's not an appeal.) By the time it gets around to the actual court date, so much time has passed that prosecution witness (the revenue agent cop) rarely shows up.

All it takes on your part is a little grit and the simple desire to stand up against the revenue state. Saving all that money on fees, fines, traffic school and increased insurance rates comes in handy.

I've tried Trial by Declaration at the Fremont Alameda County courthouse.  I did the paper work and never heard back for a month or so.  I went to the Traffic window to check and clerk showed me they 1000's and 1000's of these on file.  It was apparent I could be in limbo for a long time. I wanted to get my ticket off my plate.  I decided to lock a court date to get it over with.  During my court date there was a lady fighting a cell phone violation, her excuse was the CHP Officer scared her kids when they were pulled over.  The judge found her guilty.  I was the only one who was found not guilty for a red light violation.  I brought proof that I was following an ambulance taking my daughter to the ER Dept at Stanford Children's Hospital,  She is OK and was released 24 hours later.  Everybody else was found guilty except for one guy whose Officer did not appear.  The guilty people did not come prepared and had shitty excuses. 

Might have to invest in an ambulance.