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Can cops really ticket you for using cell phone in a parked car? Need legal advi

Sitting in a parking lot in my parked car using my iphone, c...
trip piazza
  08/04/17
Cops can do whatever they want in our collective wisdom w...
domesticated area alpha
  05/30/22
...
adventurous slap-happy institution
  08/04/17
He said since i had the engine running (its a hot day) it co...
trip piazza
  08/04/17
Post the statute. Generally you have to be on a public stre...
Passionate house
  08/04/17
this
vibrant bbw place of business
  08/04/17
technically, you can be ticketed if you talk on a cell phone...
talking lascivious famous landscape painting personal credit line
  08/04/17
This is fucked up. They seized my phone for evidence too
trip piazza
  08/04/17
flame
Plum insecure voyeur theater
  08/04/17
This is bullshit, right?
Plum insecure voyeur theater
  08/04/17
Depends on state. Many states ban talking on cell phone nea...
Passionate house
  08/04/17
Depends on if you wanna roll the dice with a jury to find ou...
mind-boggling haunted graveyard useless brakes
  08/04/17
you don't get a jury in traffic court, that's only for jaila...
Lemon partner quadroon
  08/04/17
Oh. . .well in the Commonwealth. . .
mind-boggling haunted graveyard useless brakes
  08/04/17
Motherfucker be thinking one thing just like the other thing...
Passionate house
  08/04/17
(dude who is familiar with the laws of every jurisdiction)
Abusive Cowardly Point
  08/04/17
if you have your car keys within arm's length, you are in &q...
talking lascivious famous landscape painting personal credit line
  08/04/17
...
trip piazza
  08/04/17
See, e.g., My Wife v. The Time I Lost The Keys at Disney Wor...
Passionate house
  08/04/17
...
mind-boggling haunted graveyard useless brakes
  08/04/17
...
Passionate house
  08/04/17
If the engine is on, it's considered as driving.
Saffron really tough guy
  08/04/17
You still need jurisdiction. And they don't have it for pub...
Passionate house
  08/04/17
...
trip piazza
  05/30/22
Statute unconstitutionally over broad and not narrowly tailo...
Shivering cordovan half-breed range
  08/04/17
It's traffic court dude, not SCOTUS...OP needs to argue that...
Lemon partner quadroon
  08/04/17
Cell phone driving statutes have gone to intermediate courts...
Shivering cordovan half-breed range
  08/04/17
Well you've been a real help to OP.
Passionate house
  08/04/17
I'm giving him multiple arguments. I answered below re statu...
Shivering cordovan half-breed range
  08/04/17
And your answer was bullshit based on what you just think.
Passionate house
  08/04/17
Sounds like you had your seat belt on at least
Aromatic juggernaut
  08/04/17
...
trip piazza
  08/04/17
POAST THE STATUTE
Lemon partner quadroon
  08/04/17
A person commits the offense of operating a motor vehicle wh...
trip piazza
  08/04/17
Need definition of operate and any definitions relating to l...
Passionate house
  08/04/17
Common sense reading of operating means while driving. Obvio...
Shivering cordovan half-breed range
  08/04/17
You don't know any of that shit without reading the statue. ...
Passionate house
  08/04/17
Do traffic judges look at analogous precedent, or go with th...
Shivering cordovan half-breed range
  08/04/17
I've done it and there really is precedent out there. They ...
Passionate house
  08/04/17
^cosign everything this guy said
Lemon partner quadroon
  08/04/17
You're gonna need to scheduled depositions and get some inte...
mind-boggling haunted graveyard useless brakes
  08/04/17
I once prevailed based on traffic court discovery.
Passionate house
  08/04/17
You're gonna have to let them know why you are a "Rare-...
mind-boggling haunted graveyard useless brakes
  08/04/17
They were fucking shocked to learn the county code adopted t...
Passionate house
  08/04/17
I'm pretty sure local bar rules require the losing prosecuto...
mind-boggling haunted graveyard useless brakes
  08/04/17
Lol, I was pissed. They dismissed for IE. I had exhibits of...
Passionate house
  08/04/17
...
Bronze concupiscible hissy fit
  05/30/22
great thread
Demanding indigo theatre
  08/04/17
Yeah flw has a gift for picking the right idea at the right ...
Aromatic juggernaut
  08/04/17
...
Passionate house
  08/04/17
...
trip piazza
  10/23/18
...
trip piazza
  03/07/19
in houston if you just show up to court on the date on the t...
Bearded Stage
  05/30/22
thats how it should work everywhere imo
crusty spruce national
  05/30/22


Poast new message in this thread



Reply Favorite

Date: August 4th, 2017 1:11 PM
Author: trip piazza

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)



Reply Favorite

Date: May 30th, 2022 5:53 AM
Author: domesticated area alpha

Cops can do whatever they want

in our collective wisdom we gave these stupid fucks carte blanche to brutalize the entire population at will

(http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#44596898)



Reply Favorite

Date: August 4th, 2017 1:12 PM
Author: adventurous slap-happy institution



(http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917545)



Reply Favorite

Date: August 4th, 2017 1:13 PM
Author: trip piazza

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)



Reply Favorite

Date: August 4th, 2017 1:12 PM
Author: Passionate house

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)



Reply Favorite

Date: August 4th, 2017 1:42 PM
Author: vibrant bbw place of business

this

(http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917884)



Reply Favorite

Date: August 4th, 2017 1:17 PM
Author: talking lascivious famous landscape painting personal credit line

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)



Reply Favorite

Date: August 4th, 2017 1:18 PM
Author: trip piazza

This is fucked up. They seized my phone for evidence too

(http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917607)



Reply Favorite

Date: August 4th, 2017 1:18 PM
Author: Plum insecure voyeur theater

flame

(http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917611)



Reply Favorite

Date: August 4th, 2017 1:18 PM
Author: Plum insecure voyeur theater

This is bullshit, right?

(http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917609)



Reply Favorite

Date: August 4th, 2017 1:21 PM
Author: Passionate house

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)



Reply Favorite

Date: August 4th, 2017 1:28 PM
Author: mind-boggling haunted graveyard useless brakes

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)



Reply Favorite

Date: August 4th, 2017 1:45 PM
Author: Lemon partner quadroon

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)



Reply Favorite

Date: August 4th, 2017 1:48 PM
Author: mind-boggling haunted graveyard useless brakes

Oh. . .well in the Commonwealth. . .

(http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917934)



Reply Favorite

Date: August 4th, 2017 1:52 PM
Author: Passionate house

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)



Reply Favorite

Date: August 4th, 2017 11:20 PM
Author: Abusive Cowardly Point

(dude who is familiar with the laws of every jurisdiction)

(http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33921719)



Reply Favorite

Date: August 4th, 2017 1:33 PM
Author: talking lascivious famous landscape painting personal credit line

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)



Reply Favorite

Date: August 4th, 2017 1:35 PM
Author: trip piazza



(http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917786)



Reply Favorite

Date: August 4th, 2017 1:45 PM
Author: Passionate house

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)



Reply Favorite

Date: August 4th, 2017 1:50 PM
Author: mind-boggling haunted graveyard useless brakes



(http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917952)



Reply Favorite

Date: August 4th, 2017 2:01 PM
Author: Passionate house



(http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33918045)



Reply Favorite

Date: August 4th, 2017 1:19 PM
Author: Saffron really tough guy

If the engine is on, it's considered as driving.

(http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917616)



Reply Favorite

Date: August 4th, 2017 1:22 PM
Author: Passionate house

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)



Reply Favorite

Date: May 30th, 2022 4:04 AM
Author: trip piazza



(http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#44596847)



Reply Favorite

Date: August 4th, 2017 1:20 PM
Author: Shivering cordovan half-breed range

Statute unconstitutionally over broad and not narrowly tailored

(http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917623)



Reply Favorite

Date: August 4th, 2017 1:21 PM
Author: Lemon partner quadroon

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)



Reply Favorite

Date: August 4th, 2017 1:23 PM
Author: Shivering cordovan half-breed range

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)



Reply Favorite

Date: August 4th, 2017 1:25 PM
Author: Passionate house

Well you've been a real help to OP.

(http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917672)



Reply Favorite

Date: August 4th, 2017 1:27 PM
Author: Shivering cordovan half-breed range

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)



Reply Favorite

Date: August 4th, 2017 1:28 PM
Author: Passionate house

And your answer was bullshit based on what you just think.

(http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917703)



Reply Favorite

Date: August 4th, 2017 1:20 PM
Author: Aromatic juggernaut

Sounds like you had your seat belt on at least

(http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917624)



Reply Favorite

Date: August 4th, 2017 1:20 PM
Author: trip piazza



(http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917631)



Reply Favorite

Date: August 4th, 2017 1:22 PM
Author: Lemon partner quadroon

POAST THE STATUTE

(http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917651)



Reply Favorite

Date: August 4th, 2017 1:24 PM
Author: trip piazza

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)



Reply Favorite

Date: August 4th, 2017 1:26 PM
Author: Passionate house

Need definition of operate and any definitions relating to location.

(http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917674)



Reply Favorite

Date: August 4th, 2017 1:26 PM
Author: Shivering cordovan half-breed range

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)



Reply Favorite

Date: August 4th, 2017 1:28 PM
Author: Passionate house

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)



Reply Favorite

Date: August 4th, 2017 1:35 PM
Author: Shivering cordovan half-breed range

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)



Reply Favorite

Date: August 4th, 2017 1:38 PM
Author: Passionate house

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.

(http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917813)



Reply Favorite

Date: August 4th, 2017 1:44 PM
Author: Lemon partner quadroon

^cosign everything this guy said

(http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917903)



Reply Favorite

Date: August 4th, 2017 1:29 PM
Author: mind-boggling haunted graveyard useless brakes

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)



Reply Favorite

Date: August 4th, 2017 1:35 PM
Author: Passionate house

I once prevailed based on traffic court discovery.

(http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33917780)



Reply Favorite

Date: August 4th, 2017 1:36 PM
Author: mind-boggling haunted graveyard useless brakes

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)



Reply Favorite

Date: August 4th, 2017 1:42 PM
Author: Passionate house

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)



Reply Favorite

Date: August 4th, 2017 1:51 PM
Author: mind-boggling haunted graveyard useless brakes

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)



Reply Favorite

Date: August 4th, 2017 1:54 PM
Author: Passionate house

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)



Reply Favorite

Date: May 30th, 2022 8:02 AM
Author: Bronze concupiscible hissy fit



(http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#44596996)



Reply Favorite

Date: August 4th, 2017 1:57 PM
Author: Demanding indigo theatre

great thread

(http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33918008)



Reply Favorite

Date: August 4th, 2017 2:00 PM
Author: Aromatic juggernaut

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)



Reply Favorite

Date: August 4th, 2017 4:08 PM
Author: Passionate house



(http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#33919068)



Reply Favorite

Date: October 23rd, 2018 1:13 PM
Author: trip piazza



(http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#37079066)



Reply Favorite

Date: March 7th, 2019 1:53 PM
Author: trip piazza



(http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#37893287)



Reply Favorite

Date: May 30th, 2022 5:48 AM
Author: Bearded Stage

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)



Reply Favorite

Date: May 30th, 2022 8:11 AM
Author: crusty spruce national

thats how it should work everywhere imo

(http://www.autoadmit.com/thread.php?thread_id=3692595&forum_id=2#44597003)