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But a cop can say he/she saw you texting and give you a ticket? And basically you are beat.

 

You can get a ticket for using your phone if they see you doing it. But we recently had a case where a woman swerved onto a sidewalk and killed someone in the middle of the day. She was sober so the assumption was distracted driving but since no one saw her with a phone in her hand (witnesses to the accident) her lawyer argued they had no right to subpoena her phone records and won.

 

See my revised post. I messed up. I meant to type that it is easier to prove drunk driving than texting and driving.

 

Gotcha. I'm not in any way defending texting while driving. Just think it's one of those things that gives cops a little too much subjectivity.

 

You could fight the ticket by providing your phone records. They would show that you weren't using the phone at the time you were stopped.

 

Trump declares April National Sexual Assault Awareness & Prevention Month

 

This golf thing is catching on:

 

14 states prohibit using a phone while driving. So, if you have it in your hand and a cop sees you with it, you have some explaining to do.

| GHSA

 

I'm confused about the texting argument. It is pretty easy to prove if one is texting. Look at the phone for texts. What am I missing?

 

Yes I know. Cop last week claimed my wife was texting because she picked up her phone to check GPS. They had a road closed as she was trying to get to our CPA's office. Fortunately the cop listened to her and then gave her directions. I definitely hope people stop texting while driving. But I also think the law, gives cops -- especially those in middle-upper class suburban towns where they don't have to worry about a lot of other crime -- a lot of leeway. Yes you can go to court and show the phone records, but most of the time when you get that summons it's not worth the hassle.

 

It doesn't matter if you're texting or doing something else. If you're a driver and a phone is in your hand while you're in motion, you deserve a ticket.