Text Messaging Ticket

[Vandit]

Hello Officers,

Thank you in advance for any and all replies.

The other day, my mother and I were driving (she was driving me to the mechanic to pick up my car) and we got pulled over. The Officer came up, got the license, registration and proof of insurance from my mother. When he came back to the car he asked my mother if she knew why he pulled her over and she replied that she had no idea (and neither did I). He claimed that my mother was using her cell phone for text messaging, which she was not and had not touched her phone the whole ride. When the Officer told my mother this, she was very shocked, as the phone was in the back seat in her purse. She offered the Officer to look at her phone and check the messages, but he smirked and said something along the lines of "You could have easily erased the message and placed it back in your purse".

He proceeded to give my mother the ticket.

Now my question is this:

Is there any way to disprove this?

Same question goes for cell phone use for talking:

Is there any way to disprove it if you are accused of it, because as far as I know, in court, the Officer's word over yours.

My mother did not touch her phone. It is something like a 20$ fine so it is nothing to stress out about, just seemed really odd. Maybe the cop had mistaken himself.

I am in California if that makes a difference.

[Creeker]

You are presumed innocent until proven guilty.

Proving innocence can also be quite helpful.

Thats what I've got to say about that.

[scott715us]

Probably pulling records from your cell phone provider. I'm not sure if it will show all messages, but if it does, and there are no messages during the time your mother was stopped, it would help. The question is, will phone records show deleted messages as well? If not, then it truly is your mother's word against the officer's. As for who to believe, we can't say either way. We were not there.

[phantasm]

I have verizon, and the detailed billing data section of my cell phone bill has a time & date stamp of every call and text message sent & received.

[vengeance05]

A printout of your cellular activity from the phone company website is not a Certified Business Record. Computer printouts can easily be forged or doctored. In court it would either be deemed inadmissible or hearsay only - which means it would still be your word against the officer's testimony, if that was your only "proof".

Your prior posts asking about a 105mph Speeding ticket, driving without a license, etc... lead me to believe the officer was probably right...

[Vandit]

Thank you all for the replies, we have Verizon and we were able to get a full printout of all of the text messages sent and received (including deleted). Hopefully that is enough data for the judge.


To Vengeance,

That speeding ticket was a real turn point in my life. I realize how stupid it really was and I have been as responsible as possible for it, including sending a hand written letter to the Officer that wrote me the ticket, letting him know that I was endanger him and everyone else on the road and I sincerely apologized. My mother did not touch her phone while we were in the car and I am being honest about that.

As for driving without a license, if you reread the post, I am finding out what I can do to do it legally, which is why I asked.

Regardless of those, thank you for the replies and stay safe,

Vandit

[Creeker]

Probably pulling records from your cell phone provider. I'm not sure if it will show all messages, but if it does, and there are no messages during the time your mother was stopped, it would help. The question is, will phone records show deleted messages as well? If not, then it truly is your mother's word against the officer's. As for who to believe, we can't say either way. We were not there.

I have verizon, and the detailed billing data section of my cell phone bill has a time & date stamp of every call and text message sent & received.

I kinda thought thats what I said... I just didn't want to spell it all out, they don't learn that way... :D

[Vandit]

I kinda thought thats what I said... I just didn't want to spell it all out, they don't learn that way... :D

They?

[Creeker]

They?

"Ask a Cop" Caperers.

[Jay7376]

They?

they,
–plural pronoun, possessive their or theirs, objective them.
1. nominative plural of he, she, and it.
2. people in general: They say he's rich.
3. (used with an indefinite singular antecedent in place of the definite masculine he or the definite feminine she): Whoever is of voting age, whether they are interested in politics or not, should vote.

[Vandit]

"Ask a Cop" Caperers.

And why did you refer to me as a "caperer"?

[Legoate]

And why did you refer to me as a "caperer"?

Because if he just called you a caper, you'd be: one of the greenish flower buds or young berries of the caper pickled and used as a seasoning or garnish (Definition by Marriam Webster)

[Vandit]

Because if he just called you a caper, you'd be: one of the greenish flower buds or young berries of the caper pickled and used as a seasoning or garnish (Definition by Marriam Webster)

That would make no sense.

You might want to double check your definition of "caper" and find the right definition that applies.

Here, I will help you:

▸ noun: a playful leap or hop
▸ noun: a crime (especially a robbery)
▸ noun: pickled flower buds used as a pungent relish in various dishes and sauces
▸ noun: any of numerous plants of the genus Capparis
▸ noun: gay or light-hearted recreational activity for diversion or amusement
▸ noun: a ludicrous or grotesque act done for fun and amusement
▸ verb: jump about playfully

Now, I found a different definition that he was most likely referring to, which if you knew, would understand why I asked Creeker why he referred to me as one.


I have seen many troll posts on this site, but that does not necessarily mean that some people aren't looking for honest help. I ask a question, and I get called a carperer because I assumingly "will not learn" when an LEO gives me a descriptive, full answer.

Seems a bit ironic that an LEO (retired or not) would call me that. You are some of the role models of this society and set examples for many people, and when an incident like this happens and people get called names (which I have seen numerous times, granted, a lot of them are trolls), I personally (not saying everyone does) see it as immaturity.

I will most likely get flamed, but if someone would inform me why this happens (without being hostile, as I tried my best not to be), it would be greatly appreciated.

Now I know that this is a private forum and I won't always get the full answers I want, but it just seems a little odd that LEO's would act this way. Maybe it is a nice break for them from their stressful jobs to goof around a bit, I am not sure, all help is appreciated.

[Creeker]

...▸ noun: gay or light-hearted recreational activity for diversion or amusement....

And you dislike this definition because...?:confused:

Like it or not, some of us answer questions here in an amusing way and for our own entertainment, as well as your (plural, meaning everyone who asks questions both now and in the future) enlightenment.

I've often found it amusing to hear and read NYC cops and Novels refer to simple crimes, scams and plots as "Capers"... of which many, MANY people come here to get tips about how to get away with and avoid punishment, just as you popped up here to avoid a conviction on a ticket for your Mommy.

...▸
Now, I found a different definition that he was most likely referring to, which if you knew, would understand why I asked Creeker why he referred to me as one.


I have seen many troll posts on this site, but that does not necessarily mean that some people aren't looking for honest help. I ask a question, and I get called a carperer because I assumingly "will not learn" when an LEO gives me a descriptive, full answer.

Seems a bit ironic that an LEO (retired or not) would call me that. You are some of the role models of this society and set examples for many people, and when an incident like this happens and people get called names (which I have seen numerous times, granted, a lot of them are trolls), I personally (not saying everyone does) see it as immaturity.

I will most likely get flamed, but if someone would inform me why this happens (without being hostile, as I tried my best not to be), it would be greatly appreciated.

Now I know that this is a private forum and I won't always get the full answers I want, but it just seems a little odd that LEO's would act this way. Maybe it is a nice break for them from their stressful jobs to goof around a bit, I am not sure, all help is appreciated.

Trust me on this, if you get flamed, it is strictly because you are so thin skinned and looking to be offended by something.

The "they don't learn" comment was directed to my brothers, and was referring to young people in general, who learn better life lessons when they are forced to reason for themselves. The fact that you couldn't understand that is, in effect, proof of that homily.

As to the definition of "homily", you'll have to figure that one out on your own, Scamp.

I'll not play any PC BS games with you, of that you can be certain.

Grow Up.

[Vandit]

As to the definition of "homily", you'll have to figure that one out on your own, Scamp.

I'll not play any PC BS games with you, of that you can be certain.

Grow Up.

It is quite obvious that your third to last and last sentence completely contradict the second to last. You say you do not want to play any BS games, yet you call me a scamp and tell me to grow up, obviously trying to be offensive.

It seems like you're trying to provoke me to say something more so you can "win" over the internet. I will be the bigger man and leave it alone.

Have a good day.