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Anyone have experience fighting an Electronic Device Use While Driving ticket?

1,433 Views | 9 Replies | Last: 5 yr ago by BiochemAg97
Hickory High
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AG
I received a ticket for this a couple of weeks ago, my first since moving here. I was simply looking at directions on my phone. Now I know in the eyes of the law, they don't care, and yes, technically I could have pulled over to make sure my directions on Google Maps were correct. All I'm saying is that there's gotta be some gray area here between someone texting & driving and someone just looking at their phone.

I had hoped to pay a reduced price by taking an online driver safety course, but apparently, since this ticket doesn't go on my driving record, that's not an option. My only options are to either:

A. Pay $220
B. Fight it in court, likely to work out some sort of deal

I'm curious if anyone here has recommendations for taking this violation to court.

JAW3336
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AG
I would ask on the automotive board.
SteveBott
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AG
In Austin? Show up to court. Very likely a DA is there to offer deals.
Hickory High
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AG
SteveBott said:

In Austin? Show up to court. Very likely a DA is there to offer deals.
Interesting. I'd hate to miss work, but I'd also hate to pay $220. I may look into doing this.
SteveBott
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AG
I'm going on my experience with a speed ticket. This violation is new so not as confident on the process
Keeper of The Spirits
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AG
They will let you turn in a copy of a receipt for a hands free device, so buy the most expensive one
Potcake
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AG
Or stay off your phone.
Hickory High
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AG
Potcake said:

Or stay off your phone.

I was briefly checking my phone to look at Google Maps. I had taken a wrong turn and needed to see where to go next.
Martin Q. Blank
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Hickory High said:

I received a ticket for this a couple of weeks ago, my first since moving here. I was simply looking at directions on my phone. Now I know in the eyes of the law, they don't care, and yes, technically I could have pulled over to make sure my directions on Google Maps were correct. All I'm saying is that there's gotta be some gray area here between someone texting & driving and someone just looking at their phone.

I had hoped to pay a reduced price by taking an online driver safety course, but apparently, since this ticket doesn't go on my driving record, that's not an option. My only options are to either:

A. Pay $220
B. Fight it in court, likely to work out some sort of deal

I'm curious if anyone here has recommendations for taking this violation to court.


Law in Texas is communication. You weren't communicating. Fight it.
expresswrittenconsent
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Austin has a different law.
BiochemAg97
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AG
expresswrittenconsent said:

Austin has a different law.
Didn't state law overrule city law?

Nope, looks like they didn't vote on that part in the special session. Austin is free to have their own more restrictive rules.

Curious if you were cited under Austin city ordinance or state law.
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