QUESTION
I was issued a citation for texting and driving. How can I have my phone records authenticated so the judge accepts them into evidence?
Asked on May 21st, 2015 on Traffic Violations - New Jersey
More details to this question:
I was issued a citation for 39:4-97.3a In NJ. The officer claimed he saw me holding my phone and claimed I was texting when he pulled me over. I assured the officer he was mistaken. I have my phone records for the month and the records are extremely detailed showing all incoming and outgoing text messages along with phone calls and 4g data use (every time I connected to the internet browser). At the time the officer pulled me over I even offered to show him all my messages and calls to prove my innocence.. he declined to look at it. How can I have my phone records authenticated so the judge accepts them into evidence?
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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You absolutely have the opportunity to place your phone and texting records into evidence. You should obtain the records from your service provider. In order to be successful, you must demonstrate to the judge that you were neither texting or speaking on the telephone at anytime close to the time you were stopped for the infraction. You will be successful if there is no either texting or speaking records anytime close to the time you're driving the car. You will be successful if there is texting or speaking on the telephone close to the time you receive the infraction. Please let me know what the records indicate.
Answered on May 23rd, 2015 at 8:04 PM