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Thats what I'm trying to figure out because I see people everyday looking at their radio to adjust the channel or volume etc. What about when someone looks down for a split second to turn on their air condition or heater??
The way I see it is this was a chance for an officer to write a ticket. He knows that I'm going to have to take a plea to something. In fact he said "if I meet you in Court maybe I'll plead it to a parking ticket." If he does, great, but it's up to the Judge whether to accept that plea.
For everyone above how is it different from changing the stations on a radio dial to get a traffic report?
changing a song on the phone, is a lot different than changing stations on a radio. teh phone demands more of your attention than the radio does. you got caught, get over it.
Last night I was coming home from Scarsdale to Rye Brook. I eased into moderately heavy traffic on the Hutchinson Parkway. I picked up my phone to change the song. Not to my ear, mind you. I jockeyed to the left lane to avoid traffic heading for an exit about 1/2 mile away. I noticed I was about to pass a police car going exactly 55 mph so I slowed down to that speed. He slowed down to 50 mph so I passed him and moved into the right lane. He put his lights on.
I moved onto the shoulder. He said to keep moving to the next exit, which I did. When he approached my car window I asked "what's this for" and he said "you were texting, I saw it." I offered him to look at my phone to see if there were any recent texts. He declined. When he came back with the ticket he said "I had been holding the phone." The law in question states:
To me, this is outrageous. The officer is targeting law abiding citizens and lawful activity in order to show that he was actively doing his job. I don't think there are "quotas" but I do believe that officers are under pressure to generate activity. My inclination is to fight this one on the merits. Thoughts?
Sorry OP, but I knew 2 people who died due to people like you. No pity, no sympathy. Hope the ticket hurts enough to remind you never to do it again.
Last night I was coming home from Scarsdale to Rye Brook. I eased into moderately heavy traffic on the Hutchinson Parkway. I picked up my phone to change the song. Not to my ear, mind you. I jockeyed to the left lane to avoid traffic heading for an exit about 1/2 mile away. I noticed I was about to pass a police car going exactly 55 mph so I slowed down to that speed. He slowed down to 50 mph so I passed him and moved into the right lane. He put his lights on.
I moved onto the shoulder. He said to keep moving to the next exit, which I did. When he approached my car window I asked "what's this for" and he said "you were texting, I saw it." I offered him to look at my phone to see if there were any recent texts. He declined. When he came back with the ticket he said "I had been holding the phone." The law in question states:
To me, this is outrageous. The officer is targeting law abiding citizens and lawful activity in order to show that he was actively doing his job. I don't think there are "quotas" but I do believe that officers are under pressure to generate activity. My inclination is to fight this one on the merits. Thoughts?
You are not a *law abiding* citizen when you use your electronic device while driving because you are distracted even though you were not on a call you were not focused on driving you were focused on the device.
You earned your ticket so go and pay it and leave the phone alone while driving.
I just change the song on the phone with steering wheel controls over Bluetooth. All sorts of solutions out there that do not require you holding the phone.
Even if you just had a vent mount for your phone and interacted with it there you would have been fine.
Simple answer. Don't mess with your phone when there are police officers nearby.
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