Innocent until proven guilty how does the state prove you were talking on you're cell phone if challenged?

firewomen

It is not beyond a shadow of a doubt but beyond a REASONABLE doubt.* Big difference.

iiidontknowdoyou

All they have to do is subpoena your phone records, idiot!

Lee

They can subpeona
the cell phone records as to date/time and length of call.

Masta Baiter

Their on board camera and they can subpoena your cell phone records..............

Moral of the story - don't talk on your cell phone while driving.

Pretty simple.

Kaz

How much would have that hands free kit cost you verses the ticket?

remowlms

They can get your cell phone records and show that the phone was being used at the time of the stop.

However, they judge will believe anything the police officer tells him anyway so I hope you have the money for the fine.

Robin G

When it comes down to the word of an officer who is sworn to uphold the law against a private citizen, the word of an officer is far weightier. Think in terms of interest. Your interest is to get out of the ticket (whether or not it's valid.) The police officer has no vested interest in anything but public safety. He/she doesn't have a grudge against you, isn't out to make trouble, isn't working to make a quota, so what reason other than the simple and obvious would he/she have for stopping you and ticketing you?

Benji

In a court of law, the law officer's word weighs more heavily than the word of the accused. And you would not be given a jury trial, in any case, not for a misdemeanor traffic offense.

Shut up and start driving! :-)

BigPhil

When you go to court you'll have to enter a plea of not guilty. The prosecution will then have to subpoena your cell records. If you were on the phone the time you were pulled over or just before you were pulled over, they gotcha.

Midnight

They believe the cop. Or they can check your phone records and see if you received/made a call at the time the cop gave you the ticket

THE UNCOOL 1

If it comes down to your word against the officers, who do you think the judge will believe????

James R

Police departments can easily get copies of phone records from your service provider, and the time of the stop will be looked at to see if you were on the phone or not.

Quasimodo

The state has the burden of proof. However you have a burden to offer a defense. The court can tell you that the simplest way to do this is obtain your cell phone records for that day and at that particular time.

Now that is a reasonable request because if you tell them you will not then the court can say you offered no reasonable defense. Unless the police get a search warrant for your records...which the judge on the bench would probably be more than willing to grant. I doubt it would ever go that far as the police and courts have better things to do then ask for a search warrant in your (hypothetical) case. However if you're (hypothetically) not guilty...I'd ask for a continuance and present my cell phone record for the day and time at the next court appearance.

wisemancumth

They get around this by saying that driving is a privilege and not a right. That's how they get away with all traffic violation laws. This has two problems:
1st- if driving is a privilege, then who grants it? It's not the DVM. because I have to pay for my license, registration etc. and pass a test and obey certain rules, therefor driving is something I've earned therefore a right. A privilege is something that someone grant you regardless of what you've done.

2nd. The fine you get for traffic violation is a set amount. Since it's not based on what you can afford to pay, then it's either a fee or a regressive fine. A fine is a punishment. It's unconstitutional to punish two people differently for the exact same crime.

A Bay bay!

If you really weren't on your cell and you knew what time it was when you got pulled over, (or have the cop write the time on the ticket), you can print off your calling list and show the judge that you were not on your phone at that time.

Most of time time, atleast here anyway, its your word against someone bigger than you, so they usually win unless you can prove your case or the judge is in a really good mood and believes you.

ahsoasho2u2

Lets hypothetically say the officer testifies, wins, you appeal the decision, based on no concrete testimony, or evidence, since you erased the phone call from your cell phone.
In most cases the records will not be needed but since your case is upon the record of did or did not use at specific time, we have the ticket and date time stamped as official.
We can now upon appeal, Motion for Review, subpoena the phone records, which are kept for years as a matter of record.
I have seen a judge, call the case for continuation, 3 weeks, then order the records from your cell number.

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