Charged With Texting And Driving? Here Are 3 Powerful Defenses Your Attorney Can Use

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Were you charged with texting and driving? Forty-five states now have laws against this for people of all ages. It's not just a problem for teenagers anymore, either. Adults are doing it, too, and accidents are often the result. That is why states are cracking down on this type of distracted driving as hard as they are. It is to keep everyone safe on the road, at least as much as possible.

Texting and driving can have some serious penalties, even for first-time offenders. Fines are the most common, with possible suspension of your driver's license, especially for repeat offenders. You will want a good attorney on your side if you've been charged with texting and driving. If an accident was involved, as it often is, you'll need to hire a car accident lawyer to defend you. Here are the most common defenses a car accident lawyer will use to get the charges against you dropped or reduced. There's even a chance you might get your record cleared if these tactics work in court.

1. Asking the Arresting Officer to Prove Beyond a Reasonable Doubt You Were Texting and Driving

Unless you admit to texting while driving  when the officer pulls you over, it is very difficult to prove in court. A judge would have to subpoena your cell phone records to get definite proof, and most won't do this. It is expensive and time consuming to do, and generally not considered  a good use of the state's resources.

If the officer never saw your phone and you did not tell them you were texting and driving, there isn't much of a case against you. Without being able to prove it without a doubt, the judge will likely dismiss the case.

2. Argue You Were Using the Phone for Some Other Purpose Than Texting

Some states allow you to use your cell phone for other purposes than texting while you are driving. For example, you may be allowed to search through your contacts or trace a map on your phone's GPS.

Doing these things can look like texting to a police officer who is driving by you on the street. If you decide to fight the charges, your lawyer can argue that you were using the phone for an approved purpose. Unless the officer actually saw the texting screen on your phone when they pulled you over, they won't be able to prove you were texting, and you will likely be dismissed from court with the charged being dropped.

3. Prove That Texting Was Not the Cause of the Accident

If you were involved in an accident with another car and are accused of texting while driving, the penalties can be quite severe, especially if anyone in the other car was injured. Your best defense in this case is for your attorney to prove you were not texting when the accident occurred.

The only two ways texting while driving can be proved are by looking at your phone records, or the arresting officer seeing your texting screen and getting a photo of it at the accident site. Without these things, texting cannot be proved.

According to, your lawyer can then argue that some other, less serious activity lead to the accident. If the accident was actually not your fault, that is more difficult to prove, but your lawyer will gather all the necessary evidence to clear your name.


Texting and driving is serious business to law enforcement and the courts. Proving it in court, though, is not easy for officers. Whether you've been charged with texting and driving only, or with texting and driving that caused an accident, the chances of a car accident lawyer getting the charges dismissed are high. Call one or click here for more info today to discuss your case.