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Old 08-07-2014, 06:51 PM
 
Location: Los Angeles
8,558 posts, read 10,984,238 times
Reputation: 10813

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To the OP, I really feel you will lose this case,and if and when you do, I sincerely hope you will learn from it.

Yesterday, I was headed west on a street,and stopped at a stop sign.
This jerk headed east never even saw the stop sign because he had his phone to his ear.
He blew through that stop sign at about 35 mph.
This stop sign is at a crosswalk for school kids.
The school is in the same block as the stop sign.
Fortunately the school is closed for summer vacation.

Honestly, this madness has got to stop, but it won't until all phones and electronic mobile devices are automatically locked when they sense any motion.
That would put an end to the use of these devices not only in a moving vehicle, but when someone is walking as well.
Can't wait for the day.

Bob.

 
Old 08-07-2014, 07:27 PM
 
2,994 posts, read 5,592,059 times
Reputation: 4690
Quote:
Originally Posted by CALGUY View Post
To the OP, I really feel you will lose this case,and if and when you do, I sincerely hope you will learn from it.

Yesterday, I was headed west on a street,and stopped at a stop sign.
This jerk headed east never even saw the stop sign because he had his phone to his ear.
He blew through that stop sign at about 35 mph.
This stop sign is at a crosswalk for school kids.
The school is in the same block as the stop sign.
Fortunately the school is closed for summer vacation.

Honestly, this madness has got to stop, but it won't until all phones and electronic mobile devices are automatically locked when they sense any motion.
That would put an end to the use of these devices not only in a moving vehicle, but when someone is walking as well.
Can't wait for the day.

Bob.
That will never happen. Too many people will make up excuses and try to justify cell phone use while driving. I have people giving me rep points just to tell me they are supporting this guy.
 
Old 08-07-2014, 07:54 PM
 
Location: Westside Houston
1,022 posts, read 1,974,007 times
Reputation: 1903
Op you might get by with a technicality, but one day the law is gonna change again to cover those technicality.

Texter and distracted drivers think they can play it off. But for us behind you. We can tell you're texting or distract by something.. Every time.

I consider myself to be a very sharp driver. I am guilty of texting and driving once or twice. But nowadays. anytime I need to check my phone or email or whatever. I pull over. Every time. All it takes is one opps. And it can change your life or someone else life. Even at 5mph.

Just last week. I was driving going straight in a city street. A guy in a White Chevy impala with 30 day tag pull out in front of me. I was a distance from him. I stayed behind. He was pre occupied with something fiddling around in his car. I can see thru his Windows. So I passed him on the left lane. A few minutes later, red light so I stopped. Before you know it. I got rear ended. Guess by who. He motion to me to pull over to the side street. As I followed and we come to a stop. I got out of my truck. Walking up to him. I asked if he was alright. He jumped back into his car. The mutha trucker took off. What can you do. lucky my truck had minor bumper scratch. his car busted up hood and bumpers and lights. I am sure I can find him around this area, but I am gonna let it go..

OP one day you ll learn. When shrimp happens. Saying I am sorry isn't gonna cut it.
 
Old 08-07-2014, 07:57 PM
 
16,825 posts, read 17,740,274 times
Reputation: 20852
Quote:
Originally Posted by Thinking-man View Post
Thank you. The app Reads the incoming texts for you out loud. you do not enter any text nor do you read any text.
Are you actually claiming that to use this app you do not need to touch the phone in anyway?
 
Old 08-07-2014, 08:01 PM
 
794 posts, read 819,366 times
Reputation: 1142
I wonder if the pious posting in this thread (the "off with his head" folks) ever change a station on the radio while driving, adjust the climate control, eat a cheesburger, talk to a passenger, look at a billboard as they drive by, stare in the rearview mirror for 5 seconds when a cop is behind them (the average time it takes to read a text)... I wonder if they ever do anything while driving except keep eyes forward, radio/ac off and hands at 12 and 2.

Somehow I doubt it. But for some strange reason, the phone is the ultimate boogieman these days. For some reason, just that particular distraction is a mortal sin (while all the other possible distractions are just part of the driving experience).

It's going to be so nice when there is a fine for everything and they just mail them to you on an hourly basis. The children will finally be safe, and the hysterical majority can sleep a little better at night.
 
Old 08-07-2014, 08:01 PM
 
4,196 posts, read 6,299,404 times
Reputation: 2835
Quote:
Originally Posted by Chris V View Post
Op you might get by with a technicality, but one day the law is gonna change again to cover those technicality.

Texter and distracted drivers think they can play it off. But for us behind you. We can tell you're texting or distract by something.. Every time.

I consider myself to be a very sharp driver. I am guilty of texting and driving once or twice. But nowadays. anytime I need to check my phone or email or whatever. I pull over. Every time. All it takes is one opps. And it can change your life or someone else life. Even at 5mph.

Just last week. I was driving going straight in a city street. A guy in a White Chevy impala with 30 day tag pull out in front of me. I was a distance from him. I stayed behind. He was pre occupied with something fiddling around in his car. I can see thru his Windows. So I passed him on the left lane. A few minutes later, red light so I stopped. Before you know it. I got rear ended. Guess by who. He motion to me to pull over to the side street. As I followed and we come to a stop. I got out of my truck. Walking up to him. I asked if he was alright. He jumped back into his car. The mutha trucker took off. What can you do. lucky my truck had minor bumper scratch. his car busted up hood and bumpers and lights. I am sure I can find him around this area, but I am gonna let it go..

OP one day you ll learn. When shrimp happens. Saying I am sorry isn't gonna cut it.
Thanks for the post Chris.
Listen, i understand what folks are upset about and believe me, i get upset when i see people texting and driving too. I've stopped texting alltogether (app or no app) since the ticket, so i guess you could say a lesson has been learned.

The original question however has nothing to do with safety or the right or wrong of texting. I don't think anyone in their right mind would argue FOR texting and driving. It is a distraction and it IS wrong...regardless of what the law says.

BUT....


The issue is regarding the law (don't like it? change it!). The law (as you saw in earlier posts) says that you can NOT text manually and drive. Technically, i was NOT texting and driving. Simple. Was it distracting? probably. Was it dangerous? probably. should i have pulled over and sent the text? Yes! Was it against the law? NO! should i have gotten a ticket for not paying attention? Probably. Should i have gotten a reckless ticket? Probably. Should i have gotten a ticket for texting and driving? No!

If you or others on here don't get the point, then you're all....well....bozos!

hehe
 
Old 08-07-2014, 08:02 PM
 
4,196 posts, read 6,299,404 times
Reputation: 2835
Quote:
Originally Posted by lkb0714 View Post
Are you actually claiming that to use this app you do not need to touch the phone in anyway?
Yes!
(although i 'WAS' holding my phone)
 
Old 08-07-2014, 08:04 PM
 
16,825 posts, read 17,740,274 times
Reputation: 20852
Quote:
Originally Posted by Thinking-man View Post
Yes!
(although i 'WAS' holding my phone)
If your holding it, that was a MANUAL action. You also have zero proof you were not manually entering text. This is a dumb thing to go to trial for, you cannot prove you weren't texting and the office will testify you were. Just having the app, does not prove you were using it. You are going to lose, badly.
 
Old 08-07-2014, 08:09 PM
 
10,114 posts, read 19,411,522 times
Reputation: 17444
Quote:
Originally Posted by Thinking-man View Post
looks like you two bozos are the ones not caring about the 'law' as it's clearly noted above.
thanks for the reply anyway


Ummmm.....I think you're the Bozo!

Heads up----driving is a privilege, not a right. That's what my Driver's Ed teacher taught me, and I teach my kids, but I guess that was back when we didn't have cell phones.

The damned phone call/text can wait....whatever happened to leaving a message?

Anyways, hope you get the maximum fine, Mr. Bozo
 
Old 08-07-2014, 08:10 PM
 
Location: La Jolla, CA
7,284 posts, read 16,689,196 times
Reputation: 11675
Quote:
Originally Posted by Thinking-man View Post
Hi, i got a ticket 3 months ago for "texting while driving". I was at the airport, picking up wife; going 5 miles per hour, and using the "Text by Voice" app which allows for texting without any type of manual input into the phone.

I went to court last month and the judge didn't agree with me that the law says only "manually entering multiple letters or text in the device as a means of communicating with another person" is illegal. The officer said (i think incorrectly) that all texting is illegal.

i have a appeal court date next week (by a Jury!) and could use all the help i can get.

Any advice for presenting my case in court?
The law says what the law says. If you weren't "manually" entering multiple letters or text...

The thing is, how did you get a ticket in the first place? What evidence does the state or municipality have against you, and how did they get it? What caused this officer to stop you, and how did (s)he get enough information to charge you?
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