Minnesota’s hands-free bill went into effect back on August 1, but it doesn’t appear that motorists are getting the message to put the phone down while they are driving.
Despite the fact that drivers knew police officers were going to be looking for violators after the law went into effect, law enforcement still issued 2,317 citations for violating that hands-free law in August. One might have assumed that those numbers would drop in September as motorists got the message, but the opposite appears to be true. In September, police handed out 2,729 citations.
“It’s hard to compare month-to-month, there’s a lot of variables, but that’s kind of a consistent pattern already. That is a pretty significant number of citations that we are issuing, so it is a problem, so we need to keep educating people of the dangers of distracted driving,” said Minnesota State Patrol Sergeant, Troy Christianson.
Instead of learning that police are issuing tickets, it appears that many people are back to their old ways of texting while driving. So if you’re going to use your phone while driving, we want to take some time to explain how to contest a citation.
Challenging A Hands-Free Citation
In the event that you receive a citation for using your phone while driving, here’s a quick list of things you’ll want to do in order to put yourself in the best position to challenge the ticket in court:
1. Don’t Admit To It – Admitting to the officer that you were texting behind the wheel, or saying something like “I was just deleting an email” will be all the officer needs to have his assertion that you were texting behind the wheel hold up in court.
2. Be Unremarkable – The officer is going to have to remember details of the incident if you challenge the case in court. If you are unremarkable and respectful, it will be harder for the officer to remember exactly what events transpired.
3. Contact a Lawyer – We’ll walk you through your options and explain, based on what’s on the line for your specific case, whether or not we’d be a good fit to defend your case in court or whether you should go it alone.
4. Plan What You’ll Say – Don’t just walk into court, plead not guilty and leave it at that. Know what you’re going to say ahead of time in order to give yourself the best chance to beat the charges.
5. Be Respectful in Court – Show up early for court, dress the part and be respectful when talking to the judge. It just might make the difference in your case.
If you follow these tips, you’ll be in a great position to beat the charges for texting while driving. An even better way to beat the charges is to avoid a ticket altogether by putting the phone down when you’re driving! For legal help, contact Appelman Law Firm at (952) 224-2277.
