My question involves a traffic ticket from the state of: Texas
I moved to Texas just over a month ago so I am not familiar with surroundings yet. Each morning, I get up and turn on my GPS on my phone to go to work. It is small enough to fit in my hand. I drive with two hands while holding the phone in my hand with GPS running in the background as it gives me voice turn by turn direction and I can quickly look at the screen once in a while with minimal attention away from the road – more so than looking away to the dashboard if I were to stick it somewhere.
One morning, officer stopped me and wrote a $200 ticket with 2 points on my license in the school zone explaining that I was “using wireless communication device in the school zone.” I explained that I was neither texting, nor calling the phone. I certainly was not surfing on the web. I just have the GPS running in the background. He said he knows that and thanked me for cooperating as he wrote me a ticket and left. Certainly, the law states that: An operator of a motor vehicle may not use a wireless communication device within a school crossing zone as provided in Texas Transportation Code § 545.425. The law does not define what it means to “use” the wireless device so we are left with what a layperson thinks of when we are “using” a phone. A layperson when we think of a phrase using cell phone, thinks of calling, texting, or surfing on the net. All of which involves active manipulation of the phone. However, the state seems to be defining the term “use” very broadly. I was not making a phone call, texting or surfing. I wasn’t even plugging in the address on my GPS. I had that set up as soon as I got in the car. The GPS was simply running in the background of my phone. The purpose of this law is so that driver has undivided attention while driving in the school zone.
I am thinking about appealing but I wanted to ask first about the law because I looked into Texas traffic law and it does not explain what it means to "use" the phone. The law clearly indicates that wireless communications device, if handfree, can be used. However, what about a phone with GPS running in the background? Is that considered as "using" the phone? What if I had the phone on my laps, passenger chair, or even in the trunk for the turn by turn direction? Is that still considered as using the phone? What if I was holding a palm sized Garmin GPS (GPS machine only and not a phone) or flipping through giant map. I honestly do no think it makes it any safer although these are not communications device so they can be used. Of course the story is different if I were inputing the address and actively manipulating the phone (How most people would define the term "use").
I moved to Texas just over a month ago so I am not familiar with surroundings yet. Each morning, I get up and turn on my GPS on my phone to go to work. It is small enough to fit in my hand. I drive with two hands while holding the phone in my hand with GPS running in the background as it gives me voice turn by turn direction and I can quickly look at the screen once in a while with minimal attention away from the road – more so than looking away to the dashboard if I were to stick it somewhere.
One morning, officer stopped me and wrote a $200 ticket with 2 points on my license in the school zone explaining that I was “using wireless communication device in the school zone.” I explained that I was neither texting, nor calling the phone. I certainly was not surfing on the web. I just have the GPS running in the background. He said he knows that and thanked me for cooperating as he wrote me a ticket and left. Certainly, the law states that: An operator of a motor vehicle may not use a wireless communication device within a school crossing zone as provided in Texas Transportation Code § 545.425. The law does not define what it means to “use” the wireless device so we are left with what a layperson thinks of when we are “using” a phone. A layperson when we think of a phrase using cell phone, thinks of calling, texting, or surfing on the net. All of which involves active manipulation of the phone. However, the state seems to be defining the term “use” very broadly. I was not making a phone call, texting or surfing. I wasn’t even plugging in the address on my GPS. I had that set up as soon as I got in the car. The GPS was simply running in the background of my phone. The purpose of this law is so that driver has undivided attention while driving in the school zone.
I am thinking about appealing but I wanted to ask first about the law because I looked into Texas traffic law and it does not explain what it means to "use" the phone. The law clearly indicates that wireless communications device, if handfree, can be used. However, what about a phone with GPS running in the background? Is that considered as "using" the phone? What if I had the phone on my laps, passenger chair, or even in the trunk for the turn by turn direction? Is that still considered as using the phone? What if I was holding a palm sized Garmin GPS (GPS machine only and not a phone) or flipping through giant map. I honestly do no think it makes it any safer although these are not communications device so they can be used. Of course the story is different if I were inputing the address and actively manipulating the phone (How most people would define the term "use").
Other Violations: Caught in School Zone
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