We’ve all needed to use our cell phones while driving. Whether it was to check our voicemail, call someone for directions or send a quick text message. Police Officers can easily spot this and won’t hesitate to give you a ticket for it.  Police Officers sometimes give cell phone tickets to people who are stopped in traffic while talking on their cell phones. That’s not even illegal! Other Police Officers will even give you a cell phone ticket for resting your hand against your ear. Cell phone tickets should be avoided at all costs since some states will now put demerit points on your license. Let’s avoid cell phone tickets in the first place by following these simple guidelines.

Most states laws regarding cell phones are generally the same. They basically say while you’re car is moving, a cell phone or any other electronic device must be hands-free when you’re using it. This includes texting and using portable GPS systems. It’s very important to note that the cell phone must be hands-free. Most people think they’re allowed to hold their phone in one hand and use the speaker phone while driving. This is not the case and will get you a ticket. Another important point to note is that your car must be in motion. Talking or texting on your phone while stopped at a red light isn’t illegal, however, that doesn’t mean you can’t get a ticket for it.

The two best ways to avoid cell phone tickets are:

1. Using a headset (in one ear)

2. Using a Bluetooth headset

Be careful if you are going to use the stock or generic headset that came with your phone. You can get a ticket in some states for having headphones in both ears while driving.

If you do get pulled over for using your cell phone the Officer will probably ask you one of the following questions:

“Was there an emergency call you were making?”

“Were you dialing 9-1-1?”

“Did you have an important call to take?”

You shouldn’t answer “yes” to any of these unless you actually were calling 9-1-1. Answering “yes” to any of the above questions is admitting you were guilty and the Officer can use this against you in court later on. Even if you had your cell phone in your hand, show your headset or Bluetooth to the Officer. Explain to them that there’s no reason to hold the phone in your hand since you have a headset or Bluetooth right next to you.

The Officer might ask you why you were talking when he saw you holding your cell phone. If there is anyone else in the car with you, you can say you were having a conversation with them. If you are alone in the car, you can say you were singing along to a song on the radio or talking out loud about the amount of traffic or stupid drivers there are on the road. Officers will sometimes ask to see your cell phone after pulling you over.

There are generally two reasons for this

1. They want to check the call log

2. They want to see what color the phone is so they can use it against you in court

You should politely decline if the Officer asks to see your cell phone. There are guns made to look exactly like cell phones so Officers can justify demanding to see your cell phone if they need to.

The final tip is to avoid holding anything in your hand that might resemble a cell phone. This includes makeup cases, sunglass cases, brownies, etc.

You may slip up one day or the Officer won’t listen to anything you have to say and give you a ticket. The steps described in this post will definitely help us later on in court. Part 2 of this post will describe how to fight cell phone tickets in court.

Please share any experiences, questions or suggestions, please leave comments below or feel free to e-mail me through my Contact Page. I reply to every e-mail I receive.