CS Municipal Court Overcharging for Hands Free Violation?

7,792 Views | 73 Replies | Last: 21 days ago by Hornbeck
techno-ag
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AG
Stucco said:

agmom95 said:

Are all cell phone usage violations Class C misdemeanors in Texas or is it because it's a College Station ordinance violation and they've chosen to make it class c? I don't know how that is determined.

Here are typical class c in Texas:

Disorderly conduct.
Criminal trespassing.
Simple assault.
Petty theft or shoplifting of items worth less than $50.
Passing bad checks worth less than $20.
Gambling.
Public intoxication.
Possession of alcohol or tobacco as a minor.


CS passed ORDINANCE NO. 2020-4158 establishing this as a misdemeanor punishable by fine only, making it a class c.

Texas defines it in 545.4251(e) and (f) as a misdemeanor punishable by fine only, making it a class c, unless the violation causes serious injury or death, in which case it can be considered a class a punishable by up to a $4000 fine and a year in jail.

Another difference is the state offense occurs when the vehicle is in motion. The CoSta offense can occur when the vehicle is not in motion. Thus you see the motorcycle cops staking out intersections looking for people glancing at their phones.

I'm opposed to distracted driving as much as anyone but this is really just another revenue generator for the city like the red light cameras were.
maroon barchetta
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Yep
Stucco
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techno-ag said:

Another difference is the state offense occurs when the vehicle is in motion. The CoSta offense can occur when the vehicle is not in motion.

This isn't accurate. Both laws allow use while fully stopped. Quoted from my previous post.

Stucco said:

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


Quote:

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...

Quote:

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) ...


Maybe CSPD is issuing tickets while drivers are fully stopped, but if that is the case, the driver should challenge that ticket with the provided affirmative defense.
Hornbeck
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AG
Besides representing yourself, which I don't necessarily advocate, are there any attorneys in town that will take a case like this?
 
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