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Old 08-07-2014, 01:52 PM
 
4,196 posts, read 6,298,620 times
Reputation: 2835

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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?

 
Old 08-07-2014, 02:03 PM
 
Location: South Park, San Diego
6,109 posts, read 10,901,726 times
Reputation: 12476
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.
 
Old 08-07-2014, 02:05 PM
 
4,512 posts, read 5,055,664 times
Reputation: 13406
I hope the give you the maximum fine !
 
Old 08-07-2014, 02:10 PM
 
4,196 posts, read 6,298,620 times
Reputation: 2835
Quote:
Originally Posted by T. Damon View Post
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 View Post
I hope the give you the maximum fine !
looks like you two bozos are the ones not caring about the 'law' as it's clearly noted above.
thanks for the reply anyway
 
Old 08-07-2014, 02:13 PM
 
16,709 posts, read 19,419,710 times
Reputation: 41487
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 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.
 
Old 08-07-2014, 02:16 PM
 
Location: South Park, San Diego
6,109 posts, read 10,901,726 times
Reputation: 12476
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
You are correct in that I don't care one whit about how you wish to interpret the law. I only care about keeping dangerous distracted drivers like you from continuing to injure and kill innocent people.
 
Old 08-07-2014, 02:18 PM
 
Location: Morrisville, NC
9,145 posts, read 14,768,819 times
Reputation: 9073
Quote:
Originally Posted by convextech View Post
Any way you look at it, you were distracted driving, even if all you were doing is talking into your phone, and in a VERY BUSY AREA where people are walking. Pay your ticket and learn from it.

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.
 
Old 08-07-2014, 02:18 PM
 
Location: Keosauqua, Iowa
9,614 posts, read 21,275,785 times
Reputation: 13670
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
Those of us potentially sharing the road with you are much more concerned with the intent of the law than the letter of the law.
 
Old 08-07-2014, 02:19 PM
 
Location: Morrisville, NC
9,145 posts, read 14,768,819 times
Reputation: 9073
Quote:
Originally Posted by convextech View Post
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.
Um, what exactly do you think manually doing something is then?
 
Old 08-07-2014, 02:40 PM
 
359 posts, read 779,909 times
Reputation: 430
Quote:
Originally Posted by T. Damon View Post
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.
Great job. yup, a 2 tonne hunk of metal moving at 5 mph..
OP is an idiot.


Quote:
Originally Posted by Nodpete View Post
I hope the give you the maximum fine !
Amen. Maximum fine x 2 for posting dumb threads.


Quote:
Originally Posted by convextech View Post
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.
rightly said. Unfortunately OP won't get in iota of what you said.



Quote:
Originally Posted by duster1979 View Post
Those of us potentially sharing the road with you are much more concerned with the intent of the law than the letter of the law.
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.


Quote:
Originally Posted by Sherifftruman View Post
Um, what exactly do you think manually doing something is then?
+1.
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