Regarding a Wireless Hands Free Violation -

City of College Station Municipal Court is telling citizens it is $160 for the violation and an additional $50 to keep it off your driving record.

You cannot pay the $210 online. You can only call in to make that payment amount. However, you are able to pay the $160 online.

I didn't think this is a violation that can go on your driving record, but they are telling folks it can.

How many college students are paying that extra $50 because they think their parents would find out otherwise?

Is this a money grab by the City of CS or am I missing something?

EvenPar said:

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Regarding a Wireless Hands Free Violation -

City of College Station Municipal Court is telling citizens it is $160 for the violation and an additional $50 to keep it off your driving record.

You cannot pay the $210 online. You can only call in to make that payment amount. However, you are able to pay the $160 online.

I didn't think this is a violation that can go on your driving record, but they are telling folks it can.

How many college students are paying that extra $50 because they think their parents would find out otherwise?

Is this a money grab by the City of CS or am I missing something?

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As long as they aren't sending tax payers money to a for profit business in a different state like they did for red light cameras I'm ok with it. Distracted driving is just as dangerous as other moving violations $160-$210 seems reasonable.

So it applies even if you're not moving?

I guess my question is - is this an offense that can actually go on your record OR is the city just saying that in order gain an extra $50 bucks for those who don't know any better?

Justified said:

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So it applies even if you're not moving?

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I have the same question. I thought you could pick up your device if at a complete stop.

He didn't clarify that one way or another. I wasn't going to question it. I honestly don't know what exactly what he saw. I normally keep my phone in a mount, but it started popping out, so I keep it in my cup holder. The light turned into a flashing yellow and I made the turn and as I turned he flashed his siren. He told me why I was getting pulled over and said he I broke the ordinance. I did pick up my phone while waiting, but I don't typically hold it up and use it while driving. I'm starting to wonder is it was because I was clearly looking down and doing something. There was a car in front of me and once I saw he was moving I sat it down in my lap and made the turn.

I'm 50 and only have had three tickets, all here. One, was a total trap where they had just started prepping for construction on 6 near OSR and I didn't see the signs that the speed limit had dropped, one was on Campus and now this. I lived in Dallas and Austin the majority of my adult life and all my tickets were here!

I don't know the answer to this, but I'm tempted to call them back to ask.

agmom95 said:

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I got a ticket for this just this week. I picked up my phone to open Texags radio while waiting at a red light at Holliman and Texas. A motorcycle cop pulled me over and gave me a ticket for breaking this ordinance.

I called in and those were the fees. You had no option for defensive driving, just deferred judification. Probation for 6 months with the chance to have it dismissed after 2 months. They did say it would go on my record otherwise or if I got another ticket.

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Wife got one at nearly the exact same spot by a motorcycle cop this week. After questioning this tactic we were finally told by an official at the municipal court who admitted it CANNOT go on your record. We paid the lesser amount of $160. If in fact it cannot go on your record, they aren't telling the truth.

This KBTX article says that it CANNOT go on your record, albeit from 2016:

https://www.kbtx.com/content/news/Heres-what-you-need-to-know-about-College-Stations-new-hands-free-law-400443621.html

No they are not telling the truth, unless they recently updated the ordinance. And the person I talked to was super quick about telling me I could get it dismissed on July 15 instead of the 6 months and it wouldn't go on my record!

What did your wife say she was doing in her phone?

Quote:

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I picked up my phone to open Texags radio while waiting at a red light at Holliman and Texas. A motorcycle cop pulled me over and gave me a ticket for breaking this ordinance.

Wife got one at nearly the exact same spot by a motorcycle cop this week.

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So they're staking out redlights to bust people picking up their phones while their vehicle isn't moving. Is that what this law was supposed to be about?

CS78 said:

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Quote:

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I picked up my phone to open Texags radio while waiting at a red light at Holliman and Texas. A motorcycle cop pulled me over and gave me a ticket for breaking this ordinance.

Wife got one at nearly the exact same spot by a motorcycle cop this week.

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So they're staking out redlights to bust people picking up their phones while their vehicle isn't moving. Is that what this law was supposed to be about?

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…and then telling you it's an extra $50 to keep it off your record, which it doesn't go on your record anyways.

Just found this from another KBTX article, written by a CStat police officer:

The hands-free requirement applies to anyone using a cell phone while operating a vehicle (including a bicycle) on a public roadway in College Station, which includes typing, sending or reading texts, and making calls. Fine amounts range from $25-$500.

You may pick up your device while driving only if:

You're at a complete stop.
It's an emergency.
You're selecting music on your device. (state requirement)

Does selecting Texags radio count?

Well, neither is Gangster Rap or Bro Country, but who's to say she wasn't hitting skip on Spotify.

The motorcycle guys are out and about for one reason and one reason only, to generate revenue through tickets.

agmom95 said:

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I got a ticket for this just this week. I picked up my phone to open Texags radio while waiting at a red light at Holliman and Texas. A motorcycle cop pulled me over and gave me a ticket for breaking this ordinance.

I called in and those were the fees. You had no option for defensive driving, just deferred judification. Probation for 6 months with the chance to have it dismissed after 2 months. They did say it would go on my record otherwise or if I got another ticket.

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Same thing happened to my son. Its an expensive lesson but I get it. Distracted driving is really scary. His ticket made me hyper aware now while sitting at lights so I don't get dinged like he did.

Councilman Yancy, would you please respectfully comment on the allegations of (yet another) money grab by the city that is affecting your constituents?

Distracted driving

Not distracted sitting at a light

That motorcycle officer needs to be at Texas and Harvey or Texas and Bush or Texas and University busting the five people that run a red light after each light cycle.

But I guess the city can't charge a bogus $50 fee for those tickets.

Hornbeck said:

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Well, neither is Gangster Rap or Bro Country, but who's to say she wasn't hitting skip on Spotify.

The motorcycle guys are out and about for one reason and one reason only, to generate revenue through tickets.

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...by stopping people that are breaking the law.


I finished your sentence for you.

MiMi said:

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Justified said:

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So it applies even if you're not moving?

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I have the same question. I thought you could pick up your device if at a complete stop.

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I think the confusion stems from the state law which says it's okay to touch your cellphone at a complete stop, versus the Kollege Station money grab, which implies you can't touch the phone at all while behind the wheel.

techno-ag said:

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MiMi said:

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Justified said:

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So it applies even if you're not moving?

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I have the same question. I thought you could pick up your device if at a complete stop.

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I think the confusion stems from the state law which says it's okay to touch your cellphone at a complete stop, versus the Kollege Station money grab, which implies you can't touch the phone at all while behind the wheel.

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This is a topic that Rusty/KBTX should investigate.

Are there any former KBTX employees working at the CoCS?

That tends to hamper some sharing of news based on recent past experience.

Both laws have clear cut outs permitting use while at a complete stop.

Quote:

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TX: 545.4251(b) An operator commits an offense if the operator uses a portable wireless communication device to read, write, or send an electronic message while operating a motor vehicle unless the vehicle is stopped...

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Quote:

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CS: 38-19(c) Affirmative defenses. It is an affirmative defense to prosecution to an offense under this section if:
(1) Complete stop. The motor vehicle or bicycle is at a complete stop.
(2) ...

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Seems very shady for the CoCS to tack on an extra $50 by insinuating it would otherwise go on your driving record, even though it can't! Especially while sitting still at a red light.

"You can pay the $160 online but you have to call us and pay the $210 over the phone to keep it off your record" - exact words from the municipal court.

How about all the Uber and Lyft drivers who are constantly touching their phones while driving and sitting?

Like the discussion of fleecing residents and others who want to park on the street in certain areas, nobody from the city will respond to this thread and try to defend their decisions.

Because this is not defensible.

I have no issue with me getting a ticket. I have an issue with them telling me it would go on my record, charging me extra for probation so it stays off my record, which isn't required.

So, unless the city has a different rule, which according to others who have called in and called them on it, they do not, then they are doing people wrong.

I wonder what the attorney general of the State of Texas would suggest in this situation.

EvenPar said:

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Seems very shady for the CoCS to tack on an extra $50 by insinuating it would otherwise go on your driving record, even though it can't! Especially while sitting still at a red light.

"You can pay the $160 online but you have to call us and pay the $210 over the phone to keep it off your record" - exact words from the municipal court.

How about all the Uber and Lyft drivers who are constantly touching their phones while driving and sitting?

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You want to see some distracted driving?

Drive next to a cop.

And don't get me started on them driving with their headlights off when they should be on.

I was driving friday on university and a leo right next to me was holding his phone and typing on the key pad while driving at the same time.

JP76 said:

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I was driving friday on university and a leo right next to me was holding his phone and typing on the key pad while driving at the same time.

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And the cop he was texting on the other end was doing the same [/probably]

maroon barchetta said:

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EvenPar said:

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Seems very shady for the CoCS to tack on an extra $50 by insinuating it would otherwise go on your driving record, even though it can't! Especially while sitting still at a red light.

"You can pay the $160 online but you have to call us and pay the $210 over the phone to keep it off your record" - exact words from the municipal court.

How about all the Uber and Lyft drivers who are constantly touching their phones while driving and sitting?

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You want to see some distracted driving?

Drive next to a cop.

And don't get me started on them driving with their headlights off when they should be on.

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This. Right. Here.


Typing away on an MDT while driving down the street is pretty much the definition of distracted driving. They are reading stuff on there, license plate scanner data, and radar data….

MB you should add Texas and Holleman to your bad intersection list. I see folks running that one on the regular.