Fighting A Cell Phone Related Distracted Driving Ticket When An Accident Didn't Occur

Although more and more states make cell phone use while driving illegal, a growing number of people still do it. This unsafe activity is one that can result in a distracted driving ticket even if a person didn't cause an accident. Fighting such a ticket is possible with the help of a traffic ticket lawyer.

Distracted Driving Can Still Be Prosecuted Even Without an Accident

Many drivers may think that they can only get a ticket for distracted driving if they get into an accident. That is simply not the case. If a police officer sees a driver using their phone and such use is against the law, they can give them a ticket. This situation is one that often takes many people by surprise because they may use their cell phone for years while driving, never get into an accident, and otherwise have a perfect record.

As a result, a person who uses their cell phone while driving and who doesn't cause an accident may end up in court for their actions. This situation is often a tough one for many to handle because they may end up getting heavy fines or even points on their license. As a result, it's critical to know how to defend this type of case. Thankfully, traffic ticket lawyers can help in this situation.

Defending These Tickets is Not Impossible

Defending a ticket for distracted driving may seem impossible. Most people assume that it's a case of their word against the officer. In many cases, this is the reality of the situation. However, that doesn't mean that these cases are not possible to win. That's because drivers can try to argue that the officer was wrong about their subjective claim and try to get the ticket waived.

Often, this requires the defendant to argue that the officer accurately observed the situation and saw a person using their cell phone while driving. The best way to do this is to use witnesses who can state that the driver was not using their phone. Photographs of the situation, if possible, may be critical. And texting records that show the driver was not texting may also help in many cases.

That doesn't mean that the officer won't argue that the driver was attempting to use their phone for other purposes, such as surfing the web. Therefore, it's important to talk to a high-quality lawyer who can provide the defense necessary to win such a case. Usually, this requires them to gather evidence and to learn more about what happened to clear a person's name.