Originally posted by macman64
I have a friend who helped the police issue one of these. He was told that if the person takes it to court they would need to attend to defend the ticket as the witness. I assume if this other person shows up you may have trouble fighting it.
Even with a witness it would be very easy to get this tossed. Get the cop on the stand, ask when and where the incident occurred, presence of any glare that could impair their view, which way you were driving when they observed you, which side of your vehicle they were on and how they knew there was a phone in your hand as opposed to an iPod/ drink etc... Basically establish the cop never even say you.
Then haul the witness up there. Get them to describe all the same things, ask them to describe make and model of your vehicle and license plate.
Easy to toss and make the cop and the "witness" look like fools.
See Crank. See Crank Walk. Walk Crank Walk.