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Can cops really ticket you for using cell phone in a parked car? Need legal advi
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Date: August 4th, 2017 1:11 PM Author: excitant zippy keepsake machete principal's office 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) |
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Date: May 30th, 2022 5:53 AM Author: awkward big-titted fanboi 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: Sinister Transparent Macaca (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917545) |
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Date: August 4th, 2017 1:13 PM Author: excitant zippy keepsake machete principal's office 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) |
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Date: August 4th, 2017 1:12 PM Author: infuriating apoplectic cruise ship 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) |
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Date: August 4th, 2017 1:42 PM Author: odious becky this (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917884) |
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Date: August 4th, 2017 1:17 PM Author: maniacal cream chapel prole 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) |
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Date: August 4th, 2017 1:18 PM Author: excitant zippy keepsake machete principal's office This is fucked up. They seized my phone for evidence too (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917607) |
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Date: August 4th, 2017 1:18 PM Author: Seedy Sepia Sanctuary Volcanic Crater flame (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917611) |
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Date: August 4th, 2017 1:18 PM Author: Seedy Sepia Sanctuary Volcanic Crater This is bullshit, right? (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917609) |
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Date: August 4th, 2017 1:21 PM Author: infuriating apoplectic cruise ship 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) |
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Date: August 4th, 2017 1:28 PM Author: mewling bonkers theatre 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) |
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Date: August 4th, 2017 1:45 PM Author: saffron kitty cat 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) |
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Date: August 4th, 2017 1:48 PM Author: mewling bonkers theatre Oh. . .well in the Commonwealth. . . (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917934) |
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Date: August 4th, 2017 1:52 PM Author: infuriating apoplectic cruise ship 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) |
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Date: August 4th, 2017 11:20 PM Author: stimulating slippery bawdyhouse death wish (dude who is familiar with the laws of every jurisdiction) (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33921719) |
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Date: August 4th, 2017 1:33 PM Author: maniacal cream chapel prole 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) |
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Date: August 4th, 2017 1:35 PM Author: excitant zippy keepsake machete principal's office (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917786) |
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Date: August 4th, 2017 1:45 PM Author: infuriating apoplectic cruise ship 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) |
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Date: August 4th, 2017 1:50 PM Author: mewling bonkers theatre (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917952) |
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Date: August 4th, 2017 2:01 PM Author: infuriating apoplectic cruise ship (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33918045) |
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Date: August 4th, 2017 1:19 PM Author: swollen haunted graveyard If the engine is on, it's considered as driving. (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917616) |
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Date: August 4th, 2017 1:22 PM Author: infuriating apoplectic cruise ship 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) |
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Date: May 30th, 2022 4:04 AM Author: excitant zippy keepsake machete principal's office (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#44596847) |
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Date: August 4th, 2017 1:20 PM Author: fragrant indian lodge giraffe Statute unconstitutionally over broad and not narrowly tailored (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917623) |
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Date: August 4th, 2017 1:21 PM Author: saffron kitty cat 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) |
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Date: August 4th, 2017 1:23 PM Author: fragrant indian lodge giraffe 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) |
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Date: August 4th, 2017 1:25 PM Author: infuriating apoplectic cruise ship Well you've been a real help to OP. (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917672) |
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Date: August 4th, 2017 1:27 PM Author: fragrant indian lodge giraffe 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) |
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Date: August 4th, 2017 1:28 PM Author: infuriating apoplectic cruise ship And your answer was bullshit based on what you just think. (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917703) |
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Date: August 4th, 2017 1:20 PM Author: red mediation skinny woman Sounds like you had your seat belt on at least (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917624) |
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Date: August 4th, 2017 1:20 PM Author: excitant zippy keepsake machete principal's office (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917631) |
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Date: August 4th, 2017 1:22 PM Author: saffron kitty cat POAST THE STATUTE (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917651) |
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Date: August 4th, 2017 1:24 PM Author: excitant zippy keepsake machete principal's office 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) |
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Date: August 4th, 2017 1:26 PM Author: infuriating apoplectic cruise ship Need definition of operate and any definitions relating to location. (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917674) |
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Date: August 4th, 2017 1:26 PM Author: fragrant indian lodge giraffe 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) |
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Date: August 4th, 2017 1:28 PM Author: infuriating apoplectic cruise ship 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) |
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Date: August 4th, 2017 1:35 PM Author: fragrant indian lodge giraffe 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) |
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Date: August 4th, 2017 1:38 PM Author: infuriating apoplectic cruise ship 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. |
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Date: August 4th, 2017 1:44 PM Author: saffron kitty cat ^cosign everything this guy said (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917903) |
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Date: August 4th, 2017 1:29 PM Author: mewling bonkers theatre 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) |
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Date: August 4th, 2017 1:35 PM Author: infuriating apoplectic cruise ship I once prevailed based on traffic court discovery. (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917780) |
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Date: August 4th, 2017 1:36 PM Author: mewling bonkers theatre 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) |
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Date: August 4th, 2017 1:42 PM Author: infuriating apoplectic cruise ship 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) |
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Date: August 4th, 2017 1:51 PM Author: mewling bonkers theatre 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) |
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Date: August 4th, 2017 1:54 PM Author: infuriating apoplectic cruise ship 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) |
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Date: May 30th, 2022 8:02 AM Author: idiotic gaming laptop (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#44596996) |
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Date: August 4th, 2017 1:57 PM Author: godawful rose sex offender really tough guy great thread (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33918008) |
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Date: August 4th, 2017 2:00 PM Author: red mediation skinny woman 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) |
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Date: August 4th, 2017 4:08 PM Author: infuriating apoplectic cruise ship (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33919068) |
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Date: October 23rd, 2018 1:13 PM Author: excitant zippy keepsake machete principal's office (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#37079066) |
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Date: March 7th, 2019 1:53 PM Author: excitant zippy keepsake machete principal's office (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#37893287) |
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Date: May 30th, 2022 5:48 AM Author: Rambunctious Parlor 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) |
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Date: May 30th, 2022 8:11 AM Author: Soul-stirring tattoo thats how it should work everywhere imo (http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#44597003) |