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Read the law! it says (since you're too lazy to go look! ) : It is unlawful for any person to operate a moving motor vehicle on the highways in the Commonwealth while using any handheld personal communications device to:
1. Manually enter multiple letters or text in the device as a means of communicating with another person; or....
Holding the phone is NOT manually entering multiple letters or text...
Quote:
Originally Posted by lkb0714
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.
The Burden of proof is with the prosecutor you silly monkey!
Quote:
Originally Posted by lkb0714
You are going to lose, badly.
Maybe....but i'll get to play the role of a lawyer for the day, and that's worth the $125 price of admission! I just want to yell in the middle of the court room "I OBJECT YOUR HONOR!"
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
You're just a whiner who can't own up to his own mistakes, hope you get your chance to "tell it to the judge"
I would say, " Your honor, I completely understand the Law regarding not texting...
Texting at an airport would be like texting in a school zone, I would never do that ..I truly thought
speaking into the phone like a microphone was ok....I won't ever even do THAT again.
That was stupid.
I have really learned my lesson.
That is all I can say for myself.
Thank you, your Honor."
I am not your judge...you asked a question... this is what I would advise.
I believe you have learned your lesson.
Good luck with this.
I would say, " Your honor, I completely understand the Law regarding not texting...
Texting at an airport would be like texting in a school zone, I would never do that ..I truly thought
speaking into the phone like a microphone was ok....I won't ever even do THAT again.
That was stupid.
I have really learned my lesson. Thank you."
Thank you for a serious response. really!
I guess that's one approach....and it may be better than mine....not sure yet....
i was gonna go with: "ladies and gentlemen of the jury (dying to say that! lol), the law is clear about texting. (show them and read them the law). The law states that manual entering of the text letters is illegal. What i was doing is NOT a manual process. it is completely hands free (reads and writes the text without using of fingers). The ticket issued is therefor unwarranted and does not fit the act, which is completely legal under state law. If I was distracted and the officer saw this, a ticket for "distracted driving" should have been issued at most.
then the prosecutor says something....
then i say: I OBJECT YOUR HONOR! I REST MY CASE!
Thank you for a serious response. really!
I guess that's one approach....and it may be better than mine....not sure yet....
i was gonna go with: "ladies and gentlemen of the jury (dying to say that! lol), the law is clear about texting. (show them and read them the law). The law states that manual entering of the text letters is illegal. What i was doing is NOT a manual process. it is completely hands free (reads and writes the text without using of fingers). The ticket issued is therefor unwarranted and does not fit the act, which is completely legal under state law. If I was distracted and the officer saw this, a ticket for "distracted driving" should have been issued at most.
then the prosecutor says something....
then i say: I OBJECT YOUR HONOR! I REST MY CASE!
Yup, fun and very logical.
(But,)..Everyone loves a humbled man...one that says, I really didn't know this was wrong (but still)
I will never do that again.
There is too much logic in the world, a man that speaks from his heart is rare.
Just sayin', I didn't get where I am today without this wisdom.
The world bows to a man with a sincere and contrite heart.
Thank you for a serious response. really!
I guess that's one approach....and it may be better than mine....not sure yet....
i was gonna go with: "ladies and gentlemen of the jury (dying to say that! lol), the law is clear about texting. (show them and read them the law). The law states that manual entering of the text letters is illegal. What i was doing is NOT a manual process. it is completely hands free (reads and writes the text without using of fingers). The ticket issued is therefor unwarranted and does not fit the act, which is completely legal under state law. If I was distracted and the officer saw this, a ticket for "distracted driving" should have been issued at most.
then the prosecutor says something....
then i say: I OBJECT YOUR HONOR! I REST MY CASE!
Maybe you can use your voice to text app to do this.
You should get a lawyer and fight this, there may not have been a similar case and with no precedent the outcome will be relevant to case law. The intent of the law is to keep drivers from using a keyboard while driving but your app is no different than talking on a phone.
Here's where I see the problem.. And, seriously.. I haven't seen "Virginia" mentioned by you once.. But.. Since you're not arguing with others who are posting about it being VA.. I assume that's the state. So.. I also assume you were at Dulles? Now.. Taking whether or not that was something dumb to do out of the equation (I think it was, especially at that airport, especially if you were in the pickup lane, but.. Irrelevant what I think about it, what matters is what the law says)
Where I see it going against you is, like the other person mentioned, section A2..
Quote:
2. Read any email or text message transmitted to the device or stored within the device, provided that this prohibition shall not apply to any name or number stored within the device nor to any caller identification information.
But.. That's really, really weak. Because even that section says that you're ALLOWED to look at the phone while driving to look up a number or to view an incoming calls caller-id info.. Which, in my view.. Totally guts that whole section of the law.. If the cop says you were looking at the phone.. Say you were looking up a number, which is expressly permitted in section A.2
Another portion that is against you would be if the cop says "He was texting, I witnessed him pressing keys".. He doesn't have to have proof of that.. His word is the proof there.
If this is a jury trial.. Well, you've got X number of people on the jury and based on the replies that you've gotten here.. I think you're pretty well screwed if that's the case.
Here's the arguments I think you have, in addition to A.2, which I think totally guts the law as written..
Section A states this..
Quote:
A. It is unlawful for any person to operate a moving motor vehicle on the highways in the Commonwealth while using any handheld personal communications device to:
So.. Where were you? If you were on the airport grounds.. It could be difficult for them to be considered "Highways" in the Commonwealth. Could you make this argument if you were on your street? No.. But, again, assuming you're in the airport pickup lane.. That's not a highway.
If it's a trial in front of a judge.. I think you have a better case, because judges, especially appellate judges, pay more attention to the letter of the law than a magistrate, which I assume you went to at first. The flip side is.. He might want to set a precedence.
Of course, your main argument is section A.1.. I'd probably get a transcript of the first trial and if the cop truly changes his testimony.. Pounce.
If we went with "Spirit" of laws, then half the people here who have replied to you should be jailed for cyberbullying. I mean, that's what the "Spirit" of cyberbullying laws are meant to prevent, right? The "Spirit" of laws can sit in the same corner as the three ghosts of Christmas. The letter of the law is what matters.
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) : It is unlawful for any person to operate a moving motor vehicle on the highways in the Commonwealth while using any handheld personal communications device to:
)