Got a cell phone citation and level 3 inspection.

How do you know you will be fired?

 

I am very sorry this has happened to you. However these 2 words are the heart of your problem, (driver stated).Hopefully you won't lose your job. Go see someone at safety and plead your case. No matter how this turns out. Really in the future you should never volunteer information like that. You have the right to stay silent. Honestly you should do that in the future.

 

And stay off the phone if possible. It's just not worth the risk to your job just to answer a text message. Please tell me you weren't wearing ear buds while driving?

 

I assume you were holding your phone? If it had been mounted on the dash your interpretation about "one button" would be correct.

 

Some carriers have a zero-tolerance policy for phone usage while driving. But honestly, for a cop to see phone usage that's obvious, it was probably pretty egregious and not simply just an instant to change the song.

With camera technology today, it's pretty easy to place a camera up high that instantly grabs a photo at the optimal time, and sends it to a nearby cop.

Cops today who are qualified to do CMV inspections are always looking for easy initial stop reasons such as a headlight out at dawn/dusk, an air line setting on the deck between the trailer and tractor, a head down looking at something (phone), 5 over the speed limit, no seatbelt, etc Gotta mind your p's and q's out here drivers because there's always some cop looking to give you a ticket and/or inspection.

 

DO NOT just pay it.....!

DO go to court; either lawyer up, or go yourself.

4 points are too many. Good luck.

 

Do you think he may have an image of you from an overpass or transponder pole? If not, what can the cop prove he thinks he witnessed ? Your head looking down momentarily? So what? If you were actually holding the phone up high and he could actually see the phone in your hand from his vantage point in his cruiser, I could not justify trying to defend that action in court, even though it may simply come down to his word against yours

 

Your advice is correct and sound. However he got inspected and if I am reading this post correctly this was a violation on the actual inspection form. The driver might well get the case dropped but getting that violation removed from the already sent to FMCSA and carrier inspection is much much more difficult. This is why my advice to get into safety and plead his case was made.