The officer followed me, there was a car in between us. I had my phone on speaker. I am not sure if he saw my mouth moving, but I could have been singing. I am not sure, if I did put the phone in my hand but it was in my lap for what I remember. He gave me the ticket. This is also my third time and this occurred on the same street each time.
Is it possible? Yes. Each case is different and will depend on the testimony of the witnesses.
As of July 1 a third conviction will result in a 3 month loss of license, $800 fine and 3 points. Facing all that you should engage counsel. There are several ambiguities in the law that can be used to defend these charges.
It is possible. Depends on the facts and what the officer has to say. I'd consider not using your phone on that street (or anywhere).
It is possible. Hire a lawyer for your best defense.
This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.
If you were on speaker and not making a call you sholud be alright. The latter can be shown from your phones memory. Defend this. It is the handheld that is the problem.
Hire an attorney to represent you. An attorney will most likely be able to get a resolution that does not involve loss of license.
With the possible loss of your license, I would suggest that you hire an attorney and be prepared to go to trial.
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You can so long as you learn the elements of the infraction and know how to cross examine. Or, you can retain counsel.
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