Q: Texting and Driving Ticket: Was not texting. I was using recent call list to call 2 people. Only used Call button.
Was using the recent list and using the call button. Never typed a thing. Have call logs showing the call out/in, which was a length of 4 minutes in total of calling people and finally me picking up a call and being pulled over right after I answered it. Was pulled over at an earlier time than listed on ticket, ticket says I was pulled over 4 minutes later than actual, proof is that the person I called has an audio clip of picking up and a few seconds later hearing the sirens and the person I called telling me I am getting pulled over. (The recording has a date and time stamp) The person I was on the phone with was directly to my right in another vehicle. Fighting it and today showed up and I believe it was the officers partner asked for a continuance because the charging officer was unable to attend today. Is that allowed? I thought ticketing officer not showing up was an automatic dismissal? Also verbally told they have video of me texting. Is there a way to get this video?
A: Yes, that is allowed. Yes you can ask for the video.
A: You can request a copy, but I seriously doubt they have a video that actually shows you texting. Keep fighting it and make them prove their case.
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