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Here's the debunk of most of the arguments against it here..
1) He was holding the phone, therefore he's guilty.
Holding the phone, according to the statute, is expressly PERMITTED.
2) He was looking at the phone while driving, therefore he's guilty
Looking at the phone is expressly PERMITTED by the statute. Reading emails or texts is not, but reading the screen for the Caller-ID number or to look up a phone number is. Very poorly written law.
3) He's was driving distracted.
Agreed by me, I think even agreed to by the OP. He was not, however, charged with distracted driving. You cannot make an illegal turn on red and get a ticket for DUI (Well, unless you're actually DUI). You can't run a stop sign and get a ticket for 25+ over the limit, unless you were actually going 25+ over the limit.
4) He's wasting his time fighting this.
Principle is a very personal thing. Some people are willing to go to jail for their principles. Some things matter alot to you, but I could give a rat's butt about. And vice-versa. This is something that has stuck in his craw.. I say, good for him for standing up for what he thinks is right. More people should do it. I'm not OVERLY optimistic about his chances.. I think he would save himself alot of headaches by just paying the fine. But.. If he wants to fight it.. More power to him. never should the power to fight injustice (real or perceived) be taken away. And, legally, he does have a valid argument.
5) He should just shut up and take it
This is basically a combination of 4 and 5.. And, is the worst thought process of all. If the cops come busting into your house without a warrant, you should just shut up and take it? "Oh, but the two things are totally different".. no, they're not. Rolling over for 'the authority' is surrendering your rights. No matter what the right is, you should be fighting to keep it and fighting against when it's violated. You give up one right, they'll be emboldened to take another.
Does he win, does he lose this? I think it could go either way. Interpreting the letter of the law is the key point. Since this is an appeal.. I'm guessing no jury, so it's going to be to the judge. Which I think is better for him. If the judge rules by the letter of the law.. He'll beat it. If the judge interprets the letter of the law, he will lose. The judge will have to think about this, because he is setting a precedence either way.. Most likely. I'm looking for cases on this now..
Which kinda points out how dumb and bad VA's law is. I'm also looking at whether or not texting while driving is a primary or secondary offense.. It appears to be a secondary, which means.. The cop had to stop him for another reason to issue this ticket.. Is that the case, OP? I may be wrong.. Still digging info on this.
Thank you for the great and logical post. (not because it agreed with me, but because it used logic). You can shred my argument into pieces if you use evidence and logic and i will bow down and say you are right; just don't say i'm wrong and hope i burn at the stake, without giving any valid arguments according to the law of the land. So again, thank you!
to answer your question, in VA, texting while driving is a primary offense. The Cop had the right to stop me if he thought i was texting.
Thank you for the great and logical post. (not because it agreed with me, but because it used logic). You can shred my argument into pieces if you use evidence and logic and i will bow down and say you are right; just don't say i'm wrong and hope i burn at the stake, without giving any valid arguments according to the law of the land. So again, thank you!
to answer your question, in VA, texting while driving is a primary offense. The Cop had the right to stop me if he thought i was texting.
Cheers!
Yeah, well, the proverbial nickle of free advice. I'd certainly work on your argument skills before going into court.
It would be bad to beat the ticket and then wind up with a $500 contempt fine that you had to pay.
Yeah, well, the proverbial nickle of free advice. I'd certainly work on your argument skills before going into court.
It would be bad to beat the ticket and then wind up with a $500 contempt fine that you had to pay.
LOL thanks. no, i'm polite in person
i just have to have my sword handy when interacting with bozos on city-data (most of which we seem to have identified through this thread alone!)
LOL thanks. no, i'm polite in person
i just have to have my sword handy when interacting with bozos on city-data (most of which we seem to have identified through this thread alone!)
Going by the title, we all gave advice and you insulted virtually everyone who didn't give the advice you wanted. What you wanted was advice to beat the ticket. Whether using voice commands or an audio software reading your text out loud is still a distraction that impairs your driving. Talking on a hands free device is just as distracting as holding the phone to your ear. You got caught texting while driving. Now you feel the law doesn't apply to you. Suck it up, pay the fine, and turn off the phone while driving. That call or text isn't worth an accident and possibly killing someone.
Going by the title, we all gave advice and you insulted virtually everyone who didn't give the advice you wanted. What you wanted was advice to beat the ticket. Whether using voice commands or an audio software reading your text out loud is still a distraction that impairs your driving. Talking on a hands free device is just as distracting as holding the phone to your ear. You got caught texting while driving. Now you feel the law doesn't apply to you. Suck it up, pay the fine, and turn off the phone while driving. That call or text isn't worth an accident and possibly killing someone.
stupid is as stupid does....
you really don't get it?
we're not talking about anything except this:
Is using hands free modes (completely hands free used to write and read the text for/to you) legal, according to the law?
the answer is Yes.
everything else you wrote (although correct and true), is irreverent. If i was distracted, i should have gotten a "driving while distracted" ticket. If you are going to give me a ticket for texting while driving, then it better be according to the law (which if you spent the moment reading the law, you'll realize it does not)
Court date next week for a Text while driving ticket! Please advise!
Yes. good luck on your court date. And put the hand-held electronic devices down while driving and focus on driving. I see way too many people swerving, not paying attention, etc on the road because they are preoccupied with something inside of their car when they should be preoccupied with what's going on outside their car.
So far it's about 9-1 on this site against the lawbreaker, that should also be interpreted as the same percentage by a jury at trial. The judge will probably rule this as a frivolous case, throw the book at the perpetrator and tell him that laws can be interpreted in many ways. Guilty, $ fine plus court costs plus points on insurance and an increase in premium.
Smart move...
Oh no HeadingtoDener! you just got schooled!
I mean...if you have trouble understanding simple grammar (something my 12 year old niece figured out), why are you bothering responding with your pointless replies?
Yup, I'm the one who got schooled, yet you are the one who got the ticket, was found guilty, and owe money. Who came out ahead on this one?
Yup, I'm the one who got schooled, yet you are the one who got the ticket, was found guilty, and owe money. Who came out ahead on this one?
You got schooled on grammar
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