Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
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.
Its funny how the word "illegal" sends folks into a hysteria. These same people act as if they never onced used their cell phone while driving prior to it being deemed "illegal". Now all of a sudden its a horrible act!!
Now I'm not condoning using your cell phone while driving (especially texting while driving), but lets take it for what it is. Its a revenue generating law. If holding a cell phone while driving is SOOO dangerous and illegal, why doesnt the same law apply to those who hold a hot cup of coffee or any other beverage while driving? Or those who fiddle with the radio or climate control while driving? It should tell you something when I can eat a cheeseburger while driving and not get in trouble but god forbid I touch my cell phone!
Its funny how the word "illegal" sends folks into a hysteria. These same people act as if they never onced used their cell phone while driving prior to it being deemed "illegal". Now all of a sudden its a horrible act!!
Now I'm not condoning using your cell phone while driving (especially texting while driving), but lets take it for what it is. Its a revenue generating law. If holding a cell phone while driving is SOOO dangerous and illegal, why doesnt the same law apply to those who hold a hot cup of coffee or any other beverage while driving? Or those who fiddle with the radio or climate control while driving? It should tell you something when I can eat a cheeseburger while driving and not get in trouble but god forbid I touch my cell phone!
What you listed is all considered distracted driving. They just decided to fine what they consider the most severe distracted driving habits. Sure cops can ticket people doing those other distractions but that's what they will be doing all day long.
In this darn age, I've even seen cops talking on their cell phone while driving. Yes.. they are breaking the laws. I was driving into work today next to a big white Homeland security vehicle with an officer talking and laughing on his cell phone. Should he get a ticket, hell yeah.
If you are ticketed for such offense, you must have done it so blatantly or in an area where it is strictly enforced. It was your unlucky day. Treat it as a lesson learn and move on.
Get out of it? You have broken the law. Use wireless communication by speaker phone or headset when you picking up your family members at the airport. Or even better - bring someone with you to help.
I have already been in two car accidents caused by other people on their cell phones. One was even going "5 miles an hour"... just like you... and still rammed into our car as we were stopped at a traffic light and caused significant damage and injury.
Yes, there are many things that distract while driving. Unfortunately, many of us are self-absorbed, ignorant about the deadly power of an automobile, and just assume "it wont happen to me....", or they just don't think. Then definitely you should accept your punishment, and perhaps you will be more careful in the future. And when you cause an accident because you are doing your make-up, eating, drinking coffee etc... make sure to let the cops know what you were doing when you cause an accident as well.
Driving cars is perhaps the most life threatening thing most of us will do in our lifetime. It is only a matter of time before you or your loved ones are in a life changing accident. Make sure it's not YOUR FAULT.
More people have been killed in car accidents in the US by far than by Ebola in the world. Yet we hear about Ebola every day on the news and never hear about all the car accidents leading to death. Manslaughters.
Don't let it be you. Or your kids/loved ones. Get them to stop using their cell phones while driving, and teach them about all the risks of distracted driving.
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...
The Burden of proof is with the prosecutor you silly monkey!
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!"
Do you really not understand?
Really?
Prosecutor does one thing, calls ticketing officer. He says he saw you using your phone, it was in your hand. He has now PROVEN the case. You know police are basically professional witnesses and their testimony is far above that of the typical eyewitness. Now you have to prove you were not using your phone, and did not have it in your hand. How in the world are you going to do that? Tell them "but I have an app!" That does not disprove the expert testimony of the officer. So what else are you going to do? Oh wait I know, lose. Enjoy those court fees.
How many points does texting and driving in Virginia come with anyway? Perhaps it's not even worth the trip to the court..... Even though this is a matter of principle!!
Prosecutor does one thing, calls ticketing officer. He says he saw you using your phone, it was in your hand. He has now PROVEN the case. You know police are basically professional witnesses and their testimony is far above that of the typical eyewitness. Now you have to prove you were not using your phone, and did not have it in your hand. How in the world are you going to do that? Tell them "but I have an app!" That does not disprove the expert testimony of the officer. So what else are you going to do? Oh wait I know, lose. Enjoy those court fees.
The LAW (read it!) Doesn't state you can't have your phone in your hand. It says you can't manually enter text. You really don't get it? Really?
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.
Because that particular distraction is causing more accidents than changing the radio, or adjusting the ac. And let's be clear, it may only take 5 seconds to read your text message (the length of a football field at highway speeds btw) but you have ignored the fact that the majority of people will respond to the text immediately.
If people have Bluetooth, and total hands free use of their phones, by all means, use them, then the distraction level goes back to that of most of other activities in a car. But texting is both a manual and thought distraction where as most other distractions are one or the other.
Finally, most text messages are part of conversations, whereas it is a string of distractions one after the other. Most people do not 20 cheeseburgers in the car or change stations 20 times, but it is normal for a text message conversation to have 20 messages back and forth over the course of just a few minutes. It is a different class of distraction, and one that is resulting in a different level of accidents and deaths and deserves to be treated as such.
Prosecutor does one thing, calls ticketing officer. He says he saw you using your phone, it was in your hand. He has now PROVEN the case. You know police are basically professional witnesses and their testimony is far above that of the typical eyewitness. Now you have to prove you were not using your phone, and did not have it in your hand. How in the world are you going to do that? Tell them "but I have an app!" That does not disprove the expert testimony of the officer. So what else are you going to do? Oh wait I know, lose. Enjoy those court fees.
The way the police lie (and yes they do), I would lie as well. I would say that both my phone and car is equipped with bluetooth technology which gives me the ability to communicate via text and phonecall totally hands free. I would say that I was speaking on the phone thru the car's speaker system. I would then say that I was pulled over for talking and I tried explaining this to the officer that my phone is set up with my car to be used totally hands free yet was still issued a ticket.
Now it still may be a long shot but its probably your best shot at a defense. The judge will look at your past driving history and if you have a squeaky clean record and the judge is in a good mood, you just may have a chance of beating it. If you do then just take it as a leason learned and be smarter next time.
The LAW (read it!) Doesn't state you can't have your phone in your hand. It says you can't manually enter text. You really don't get it? Really?
And when the officer says he saw you USING it, entering text, whatever, you cannot disprove that. Seriously, how are you going to disprove this simple statement " the defendent was holding the phone and texting". You can't. Seriously, go ahead and try I am sure the court will take your money, and laugh once you have left.
Btw, you keeping ignoring this part of the law "2. Read any email or text message transmitted to the device or stored within the device" again. All the officer has to say is he saw you holding the phone, and looking at it, and you are guilty of this and cannot prove otherwise.
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?
I have not read a single reply, but let me tell you I hope others feel the same way I do.
For starters, I have no idea how your state law is written. Hopefully texting and driving only requires you to be looking at the phone, not actively engaged in typing something. I say this because many people mistakenly believe that they can divert their attention from the road to read a text(or some other thing on the screen) and it is not a problem because typing might be worse.
When I see someone focusing on their phone instead of having their full attention on driving, it makes me want to road rage and beat the crap out of them. Texting Zombies are having severe impacts on other peoples lives, and they still do not understand what they are doing wrong until after they get into an accident. These fools are maiming and killing people like drunk drivers, but instead of the typical time for drunks/druggies of 11pm to 5 am, texting zombies are on the road 24/7/365.
Keep in mind that while you may think you are a great driver and believe you can safely text and drive, your attention is still diverted, and all it takes is a split second of inattention to diminish your ability to properly respond as you ordinarily would.
Airports are becoming a common place for LEO's to issue tickets because everyone and their mothers text the minute they land to let the person picking them up know they have arrived. The responsible people are parked, read the text, and put the phone away before putting the car into drive. You on the other hand decided to use the phone while driving(doesn't matter whether you were going 1 MPH) and that is hopefully all the law requires for you to receive a ticket.
Bottom line is that hopefully you will pay the max fine and it will help to make you see the light.
`
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
