. >> reporter: travis nunes says they mistook his hands for a cell phone.espite his explanation, he got a ticket. >> yesterday was going to ups in my vehicle, i got an idea. i said let's conduct a test. >> reporter: his test replays what happened the first time. him driving on decoto road with fingers resting on the place. he was pulled over by the same cop that thought he was on the phone. >> i was shocked. >> in the first situation it was a different set of circumstances in which i presume it will go to court and at that point you know, and they'll make a decision. >> reporter: union city police believe he was using the phone driving when served the ticket. they add the second time around was an honest mistake. they wrapped up a distracted driving awareness campaign. they handed out as many as 500 tickets. >> give me a $300 ticket, you better make sure you're certain i'm guilty. >> reporter: he plans to contest that ticket in court and bringing his video along as evidence. in union city, janet oaks abc 7 news. >>> a san francisco artist plead to go get a

travis nunes says they mistook his hands for a cell phone., he got a ticket. he recorded a video of him driving with his fingers resting over his face. he was pulled over by the cop. >> in the first situation it was a different set of circumstances in which i presume it will go to court and at that point, you know, and they'll make a decision. >> give me a $300 ticket, you better make sure you're certain i'm guilty. >> police say they believe he was using the phone when driving when served the ticket but add the second time around was an honest mistake. nunes plans to contest court. >>> a san francisco artist pleading to get a prized painting back after someone took it from outside his garage. this is a foelt oh of the painting worth about $5500. surveillance video shows a couple walking off with the painting from the house in north beach earlier this month. police are not calling this a theft. they told abc 7 it doesn't look like they're trying to steal the painting, perhaps they thought maybe somebody was throwing it out or giving it away.