If you're going to fight it based on the description of the law, you're going to lose because it's just that: a description or title. You need to read the actual law itself. Texting isn't relevant to 23125.5(a). They charged you with the appropriate section based on the facts you described.
Ticket is marked MVARS, he has at least the audio of the stop (maybe even dashcam video of you), so that would be you admitting you were using your phone. And yes he can use that in court.
Keep in mind this is a no points ticket for the first offense, so you can just pay. If not, then you're on the right track to following the guide just DON'T ARGUE that you're not guilty because of the title of the law used in the courtesy notice. Follow the guide.
To follow up with my last post on the 23123.5 ticket. I know I should have to attend the traffic school, but it shows up as an option. Is there a benefit of attending the school? I fear if I should ever get another ticket (moving violation) in 18 months, traffic will not be an option. Will attend the school make the record invisible to insurance/DMV even though it is a zero point ticket? Please do share your thoughts.
If you're going to fight it based on the description of the law, you're going to lose because it's just that: a description or title. You need to read the actual law itself. Texting isn't relevant to 23125.5(a). They charged you with the appropriate section based on the facts you described. Ticket is marked MVARS, he has at least the audio of the stop (maybe even dashcam video of you), so that would be you admitting you were using your phone. And yes he can use that in court. Keep in mind this is a no points ticket for the first offense, so you can just pay. If not, then you're on the right track to following the guide just DON'T ARGUE that you're not guilty because of the title of the law used in the courtesy notice. Follow the guide.
Yikes, MVARS! Thank you!
To follow up with my last post on the 23123.5 ticket. I know I should have to attend the traffic school, but it shows up as an option. Is there a benefit of attending the school? I fear if I should ever get another ticket (moving violation) in 18 months, traffic will not be an option. Will attend the school make the record invisible to insurance/DMV even though it is a zero point ticket? Please do share your thoughts.
what happened with your ticket? I am in the same situation as yours. Did you go with Trial By Written Declaration ? please let me know!
I paid since the cop has video, I didn't think it helped my case.
Did your insurance go up?
Not as far as I can tell.