How can they prove that I was distracted when I was driving?

Evidence shows that the most common cause of accidents is distracted driving, making it a dangerous and costly practice. Drivers can be distracted in many ways, but there are primarily three categories:

• Taking your eyes off the road – visual distractions

• Taking your hands off the wheel to do other tasks – manual distractions

• Taking your mind off your driving – cognitive distractions

One of the most common and controversial types of distracted driving today involves the use of cell phones, either to talk or to text while driving. Many states are prohibiting these behaviors; however, the problem is proving that someone is distracted by these or other elements.

The key evidence for distractions while driving is from the observations of the arresting officer. That means that in order to contest such a ticket, you must challenge the police officer’s conclusions or observations. That can happen in these ways:

• Provide evidence that you were not driving while distracted

• Provide evidence that the officer could have been unsighted and stopped the wrong car

• Provide evidence that the officer did not have a good line of sight or angle to see whether you were distracted while driving

Many courts will not accept the driver’s word against one of their own law enforcement officers, so it is a good idea to call on an attorney to help you present your defense in court.