The most prestigious law school admissions discussion board in the world.
|
 |
 
|
Can cops really ticket you for using cell phone in a parked car? Need legal advi
Poast new message in this thread
Date: August 4th, 2017 1:11 PM Author: Citrine exciting theatre sweet tailpipe Sitting in a parking lot in my parked car using my iphone, cop rolls up with lights on and gives me a ticket for $268 (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917543) |
 |
Date: May 30th, 2022 5:53 AM Author: twisted vigorous range turdskin Cops can do whatever they want
in our collective wisdom we gave these stupid fucks carte blanche to brutalize the entire population at will |
Date: August 4th, 2017 1:12 PM Author: Seedy Crimson Yarmulke Dog Poop (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917545) |
|
Date: August 4th, 2017 1:13 PM Author: Citrine exciting theatre sweet tailpipe He said since i had the engine running (its a hot day) it counts as operating a vehicle (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917554) |
|
Date: August 4th, 2017 1:12 PM Author: Concupiscible Emerald Garrison Post the statute. Generally you have to be on a public street. If you were on private property you've got a good case, again depending on statute. (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917549) |
|
Date: August 4th, 2017 1:42 PM Author: excitant azure boistinker this (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917884) |
|
Date: August 4th, 2017 1:17 PM Author: sick aggressive volcanic crater goyim technically, you can be ticketed if you talk on a cell phone while your car keys are within arm's reach, even if you aren't in your car at all (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917600) |
|
Date: August 4th, 2017 1:18 PM Author: Citrine exciting theatre sweet tailpipe This is fucked up. They seized my phone for evidence too (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917607) |
|
Date: August 4th, 2017 1:18 PM Author: Aromatic magical point flame (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917611) |
|
Date: August 4th, 2017 1:18 PM Author: Aromatic magical point This is bullshit, right? (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917609) |
|
Date: August 4th, 2017 1:21 PM Author: Concupiscible Emerald Garrison Depends on state. Many states ban talking on cell phone near metal. (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917640) |
|
Date: August 4th, 2017 1:28 PM Author: olive trust fund Depends on if you wanna roll the dice with a jury to find out. (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917695) |
|
Date: August 4th, 2017 1:45 PM Author: charismatic church building multi-billionaire you don't get a jury in traffic court, that's only for jailable offenses. (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917909) |
|
Date: August 4th, 2017 1:48 PM Author: olive trust fund Oh. . .well in the Commonwealth. . . (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917934) |
|
Date: August 4th, 2017 1:52 PM Author: Concupiscible Emerald Garrison Motherfucker be thinking one thing just like the other thing. Traffic tickets are criminal cases in many states. A jury of your peers will be empaneled and paid $8 each to decide if you were doing 55 in a 54. (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917961) |
|
Date: August 4th, 2017 11:20 PM Author: erotic dull piazza (dude who is familiar with the laws of every jurisdiction) (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33921719) |
|
Date: August 4th, 2017 1:33 PM Author: sick aggressive volcanic crater goyim if you have your car keys within arm's length, you are in "dominion and control" over your vehicle, because nothing prevents you from "exercising immediate direction over its operation," and that's the legal standard. (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917754) |
|
Date: August 4th, 2017 1:35 PM Author: Citrine exciting theatre sweet tailpipe (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917786) |
|
Date: August 4th, 2017 1:45 PM Author: Concupiscible Emerald Garrison See, e.g., My Wife v. The Time I Lost The Keys at Disney World and The Kids Were Tired and Hungry (Holding husband was responsible for every fucking thing that happened because keys were "in" his pocket). (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917915) |
|
Date: August 4th, 2017 1:50 PM Author: olive trust fund (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917952) |
|
Date: August 4th, 2017 2:01 PM Author: Concupiscible Emerald Garrison (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33918045) |
|
Date: August 4th, 2017 1:19 PM Author: Supple Plum Church Mental Disorder If the engine is on, it's considered as driving. (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917616) |
|
Date: August 4th, 2017 1:22 PM Author: Concupiscible Emerald Garrison You still need jurisdiction. And they don't have it for public safety stuff unless you are in public or they gave them additional jdx. (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917652) |
|
Date: May 30th, 2022 4:04 AM Author: Citrine exciting theatre sweet tailpipe (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#44596847) |
|
Date: August 4th, 2017 1:20 PM Author: amethyst motley set national security agency Statute unconstitutionally over broad and not narrowly tailored (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917623) |
|
Date: August 4th, 2017 1:21 PM Author: charismatic church building multi-billionaire It's traffic court dude, not SCOTUS...OP needs to argue that the statute doesn't apply to his situation, not that the statute is unconstitutional (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917644) |
|
Date: August 4th, 2017 1:23 PM Author: amethyst motley set national security agency Cell phone driving statutes have gone to intermediate courts of appeals. I recall some recent CA case where the statute was void for vagueness because "texting" was ambiguous. (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917661) |
|
Date: August 4th, 2017 1:25 PM Author: Concupiscible Emerald Garrison Well you've been a real help to OP. (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917672) |
|
Date: August 4th, 2017 1:27 PM Author: amethyst motley set national security agency I'm giving him multiple arguments. I answered below re statute not applying. (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917688) |
|
Date: August 4th, 2017 1:28 PM Author: Concupiscible Emerald Garrison And your answer was bullshit based on what you just think. (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917703) |
|
Date: August 4th, 2017 1:20 PM Author: bateful office death wish Sounds like you had your seat belt on at least (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917624) |
|
Date: August 4th, 2017 1:20 PM Author: Citrine exciting theatre sweet tailpipe (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917631) |
|
Date: August 4th, 2017 1:22 PM Author: charismatic church building multi-billionaire POAST THE STATUTE (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917651) |
|
Date: August 4th, 2017 1:24 PM Author: Citrine exciting theatre sweet tailpipe A person commits the offense of operating a motor vehicle while using a mobile communication device if the person, while operating a motor vehicle, uses a mobile communication device. (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917668) |
|
Date: August 4th, 2017 1:26 PM Author: Concupiscible Emerald Garrison Need definition of operate and any definitions relating to location. (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917674) |
|
Date: August 4th, 2017 1:26 PM Author: amethyst motley set national security agency Common sense reading of operating means while driving. Obviously an auto mechanic running tests on a car in a garage isn't operating within the meaning of the statute. (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917678) |
|
Date: August 4th, 2017 1:28 PM Author: Concupiscible Emerald Garrison You don't know any of that shit without reading the statue. This is traffic law. It's heavily and clearly codified. You don't have common understandings of shit, there's been one case on point, usually related to a DUI. (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917697) |
|
Date: August 4th, 2017 1:35 PM Author: amethyst motley set national security agency Do traffic judges look at analogous precedent, or go with their gut and bullshit arguments? (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917781) |
|
Date: August 4th, 2017 1:38 PM Author: Concupiscible Emerald Garrison I've done it and there really is precedent out there. They won't go against any appellate decision because prepping a record for appeal is time consuming and what the fuck do they care about $268. Appellate decisions are almost all criminal cases predicated on a lawful traffic stop.
Generally they have shitty lawyers in front of them who literally can't read an appellate decision, so they go with their gut, but if a real attorney can show them a case they figure out a way to get it dismissed. |
|
Date: August 4th, 2017 1:44 PM Author: charismatic church building multi-billionaire ^cosign everything this guy said (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917903) |
|
Date: August 4th, 2017 1:29 PM Author: olive trust fund You're gonna need to scheduled depositions and get some interrogatories from the traffic court prosecutor. (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917709) |
|
Date: August 4th, 2017 1:35 PM Author: Concupiscible Emerald Garrison I once prevailed based on traffic court discovery. (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917780) |
|
Date: August 4th, 2017 1:36 PM Author: olive trust fund You're gonna have to let them know why you are a "Rare-breed Litigator" (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917796) |
|
Date: August 4th, 2017 1:42 PM Author: Concupiscible Emerald Garrison They were fucking shocked to learn the county code adopted the state civil discovery rules, with some limitatiins, and said their three page response was the longest brief they'd ever written. Then the cop didn't show up and it was dismissed. I had hung it up on motion practice for 18 months and it was his 4th subpoena. Every hearing began with me explaining that there's actually a pending motion and showing the judge how to retrieve it from her system. (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917874) |
|
Date: August 4th, 2017 1:51 PM Author: olive trust fund I'm pretty sure local bar rules require the losing prosecutor to face summary execution if the case is dismissed as opposed to adjudicated at trial. (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917957) |
|
Date: August 4th, 2017 1:54 PM Author: Concupiscible Emerald Garrison Lol, I was pissed. They dismissed for IE. I had exhibits of maps, screen shots obtained through discovery, and a subpoenaed witness. They fought the shit out of me on discovery and dismissed two years later for lack of evidence. Rofl, wtf. Head guy explained it's a bad stat, just like the Wire. (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917978) |
|
Date: May 30th, 2022 8:02 AM Author: Talented sienna immigrant (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#44596996) |
|
Date: August 4th, 2017 1:57 PM Author: drunken preventive strike meetinghouse great thread (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33918008) |
|
Date: August 4th, 2017 2:00 PM Author: bateful office death wish Yeah flw has a gift for picking the right idea at the right moment (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33918039) |
|
Date: August 4th, 2017 4:08 PM Author: Concupiscible Emerald Garrison (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33919068) |
|
Date: October 23rd, 2018 1:13 PM Author: Citrine exciting theatre sweet tailpipe (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#37079066) |
|
Date: March 7th, 2019 1:53 PM Author: Citrine exciting theatre sweet tailpipe (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#37893287) |
|
Date: May 30th, 2022 5:48 AM Author: gaped pit in houston if you just show up to court on the date on the ticket and indicate that you want to try the case, they will dismiss...or at least that's how it was 10+ yrs ago (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#44596894) |
|
Date: May 30th, 2022 8:11 AM Author: swashbuckling know-it-all potus weed whacker thats how it should work everywhere imo (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#44597003) |