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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?
My cell phone automatically connects to my car via bluetooth as soon as I get in. I do all my communication by voice whether it be talking or texting while my phone sits in the cup holder and its all legal to do so long as I'm not manually handling and entering text or holding the phone while talking.
Last edited by louie0406; 08-07-2014 at 04:43 PM..
The law is stated quite clearly. You were manually entering the numbers on your phone. The law doesn't state you had to be doing it with your fingers on the keys; you were doing it with your hands and mouth, and in a very dangerous area to be doing so. You're lucky he didn't hit you with reckless driving as well.
Seriously??
I am no fan of distracted driving, especially in complex, pedestrian-laden situations.
But what part of "MANUAL" do you not understand?
It means entering the data with your fingers! MANUAL = BY HAND, get it?
Of course if he meant MANUEL, referring to himself, or if using a cell phone ex-Bluetooth is also illegal, then all bets are off. ..and he gets the chair!
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?
You need an attorney. They have their own rules, The judge and prosecutor are attorneys; you won't win without one.
And while you might beat the A.1. there is No exceptions for using apps. So it is unlikely you can beat A.2. They only have to get you on one or the other.
The law is stated quite clearly. You were manually entering the numbers on your phone. The law doesn't state you had to be doing it with your fingers on the keys; you were doing it with your hands and mouth, and in a very dangerous area to be doing so. You're lucky he didn't hit you with reckless driving as well.
actually i wasn't. the app that i have lets you send a text without ever having to press a button (not even entering the phone number, or pressing send.). I wish you people would carefully read the posts before responding.
I don't think driving in an area with 1000's of people going every which way: pedestrians, drivers, taxis, busses, all stressed out and distracted about traveling, often in a hurry and not looking where they are going, sometimes driving or running across lanes of traffic, is a place where I would be focusing my attention on anything else but the task at hand, driving- five miles an hour or not.
You'll get no sympathy or advice from me.
Quote:
Originally Posted by Nodpete
I hope the give you the maximum fine !
Quote:
Originally Posted by Thinking-man
looks like you two bozos are the ones not caring about the 'law' as it's clearly noted above.
thanks for the reply anyway
personally i think the others are absolutely right, and that YOU are the bozo. while you might get off on a technicality, and i hope you dont, you STILL violated the spirit of the law and got caught texting while driving. this is also known as distracted driving, and is quite dangerous even at 5mph. i hope you get the book thrown at you.
you obviously do not fit your screen name. if you did, you would have PUT THE DAMN PHONE DOWN AND DROVE THE CAR!! if the text was that important, then you should have pulled off and STOPPED THE CAR to send the text.
Well, then they should have charged him with distracted driving then. All the more reason not to have texting be a separate case when it is all about being distracted and there are hundreds of reasons you could be.
To the OP, you should probably just get a traffic lawyer as that is your best bet. Otherwise, I guess you will have to find the actual statute, print it out with enough copies to give to everyone and highlight the portions that you are saying define it as you quoted. If you did none of those things and can convince the jury that was the case, you have a chance. but, as you have seen, this is a hot button issue and emotions run very high and that will be difficult to overcome.
Most logical response so far. thank you.
I've done exactly that....highlights and all.
The law is clear i think. you can not "manually" enter two or more letters. The "Texting Law" says nothing about using hands free texting which is the case here. (completely and solely hands-free texting).
You can't argue with facts; well, you could....but you'd be a bozo.
additionally, if people don't agree with the law, then the law should be changed....but you can't fault someone for doing something that IS TECHNICALLY legal. just saying...
Great job. yup, a 2 tonne hunk of metal moving at 5 mph..
OP is an idiot.
Amen. Maximum fine x 2 for posting dumb threads.
rightly said. Unfortunately OP won't get in iota of what you said.
True. I commute 100 miles a day and it's morons like OP, who I come across all the time. they don't care really.
+1.
First off, no need for name-calling....but it's ok. I'm sure a moderator will give you an infraction or two. so it's ok.
Secondly, You commute a 100 miles a day and you call me an idiot?
You have been told in three other threads started by you some time back.
You have been told multiple times that it is absolutely the dumbest thing to do while driving.
And all you can do is roll eyes?
I hope you are never ever around me in your Acura. For someone aged 33 and with couple of kids at age 1 plus you really seem very dumb.
i think we got a stalker on our hand here. What are you opsesed with me? lol you seem to know a whole lot about me...which can only be achieved by doing a whole lot of reading of my posts. lol
And while you might beat the A.1. there is No exceptions for using apps. So it is unlikely you can beat A.2. They only have to get you on one or the other.
Thank you. The app Reads the incoming texts for you out loud. you do not enter any text nor do you read any text.
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