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Cell Phones and Texting Laws

Many of the citations that we help drivers contest are for driving while talking on a cell phone, or for texting and driving. There are many misconceptions about these infractions. Here are the facts: It is illegal to talk on a cell phone while driving if the cell phone is not hands-free. The speakerphone function does not count as hands-free, despite what many people think. To operate a vehicle and legally converse on a cell phone, you've got to have it set up for hands-free operation. Bluetooth devices, headsets (only one ear), and setting your phone on your lap with the speakerphone function all are allowed. Some of our customers are cited for texting and driving, and claim they shouldn't have been cited because they were checking their e-mails, posting on Facebook, or even "tweeting". All of these things don't matter; it's not the actual texting that is disallowed, it's the operating of a device to "write, send, or read a text-based communication." According to the law, the restriction is placed on any "electronic wireless communications device." So, you say, what about an iPod? That's up the judge. Or how about using the calculator function? Well, the law doesn't say anything about that, but it may be very hard to convince the officer that you weren't texting, but rather performing math functions! These violations do not affect your driving record in the fashion that a typical speeding or other moving violation does. They do not count as "points" against your record. However, insurance companies can still tell if you've had a ticket like this, and can certainly use their own discretion to raise your rates. After all, insurance companies want to find every reason they can to justify raising a driver's premium. That's we say, "Better safe than sorry!" Fight the ticket with Ticketkick.com, and you'll have a team of professionals prepare your trial by written declration. If you don't win your case, we offer a refund!
Posted in Cell Phone Tickets
Aug 18th, 2011