Cop gave me a ticket, I have a perfect driving record and have never been pulled over before. I always use speaker phone when I call, and never text or drive.

He asked me “were you texting?”

I said “no I’m sorry, I was hanging up a call with my mom. She is in the hospital.” (This is 100% true, she luckily just got discharged an hour ago)

“Well your phone was in your hand. I didn’t see you looking at it, but I’m giving you a ticket for holding your phone.”

He asked if I had any questions, I did not as I’ve never been pulled over before, he gave me the ticket and a pamphlet and was off.

After I got to my destination I looked into this, and found this:

"Hands-free device" means speakerphone capability, a telephone attachment, or another function or other piece of equipment, regardless of whether permanently installed in or on a wireless communication device or in a motor vehicle, that allows use of the wireless communication device without use of either of the operator's hands, except to activate or deactivate a function of the wireless communication device or hands-free device. The term includes voice-operated technology and a push-to-talk function.”

This means that I was within my right to hang up the call if I’m reading this right.

What should my next step be? I am expected to CALL the court at 1:30, since Texas does not want to do in person meetings for these kinds of tickets. I also do have the phone logs and screenshots of other information.

The call was started at 9:49am, and I ended the call at 9:54. The cops light came on at exactly 9:54 as well, and that is also the timestamp on the ticket.

No text messages were received or sent out at any point that morning either.