The phone record will verify that I was on it less than a minute. I have a clean driving record and plan on pleading the charge down with the DA. What are my chances of not receiving 3 points on my license? Thank you
Consult with a local lawyer. Violating a law just for a little time is still a violation. The law does not specify how long you talk, just talk.
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He needs an attorney to review the options. Not sure it matters what the content of the call is. it's still a call. Telling someone you can't talk to them is actually talking them. Sounds odd, but true. Contact an attorney who practices in the court you're going to --they can tell you want can and can be done and what's often or normally done in your situation.
Criminal Defense Attorney
That is not a defense. Using the phone at all while the car is in motion violates the statute. I suggest you retain a local criminal or traffic court lawyer.
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Personal Injury Lawyer
You have no defense and you are facing 5 points ( recent law making it a five point violation). Hire a lawyer to fight or negotiate the ticket.
Your chances of not receiving 3 points on your license are 100%, because a cell phone charge is now 5 points. You need to retain counsel ASAP, because it sounds like you were not in violation of the law.
Cell phone ticket is now 5 points. You need to hire a local traffic attorney to appear or you.
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Personal Injury Lawyer
Not a Defense - However, you should consult a local Traffic Ticket Lawyer - usually inexpensive & might be able to assist since the attorney will know the local judges, & court guidelines & procedures. Most attorneys will provide a free initial consultation. You can locate a local attorney right here on avvo under the tab "Find a Lawyer"
This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.