QUESTION

Will or can a judge find out if you were texting by searching phone records if you are involved in an accident.

Asked on Jul 10th, 2017 on Traffic Violations - Colorado
More details to this question:
I was involved in a minor car accident, rear end collision. I wasn't texting at the time but had earlier in the trip. I was glancing down at my phone on the front seat at something that had popped up just before the accident. I have to appear in court in a couple of weeks because the police called it careless driving by default. So I guess wondering as a matter of course if judges or prosecutors can obtain phone records/internet info before your court date. There were no injuries. and also the person in front of the 3 car incident took off illegally with damage to his car which is strange. Thank you so much!
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1 ANSWER

Criminal Defense Attorney serving Boulder, CO at Miller & Harrison, LLC
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If they did not take your phone at the time they issued the ticket, then it is VERY unlikley that they will get a warrant to serve on the compnay that provides your phone service (and they woudl have to know what company that was) to get phone records. I cannot imagine them doing that in a situation like the one you described.
Answered on Jul 11th, 2017 at 9:36 AM

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