I got a traffic ticket just because I didn't mount my GPS to the car! Help.

[liuh008]

What is the name of your state (only U.S. law)? Massachusetts.

I was stopped by a cop on the highway just because I occasionally looked at the GPS on my lap during the driving. The cop thought I was texting a message then after stopping me he realized I was looking at my GPS. But he still gave me a ticket as "impeded operation". He refused to give me his name and his business card, and I can't tell by his messy signature what his name is. I think it is outraging. I am an Asian American. Does this constitute a discrimination?

 

[sandyclaus]

What is the name of your state (only U.S. law)? Massachusetts.

I was stopped by a cop on the highway just because I occasionally looked at the GPS on my lap during the driving. The cop thought I was texting a message then after stopping me he realized I was looking at my GPS. But he still gave me a ticket as "impeded operation". He refused to give me his name and his business card, and I can't tell by his messy signature what his name is. I think it is outraging. I am an Asian American. Does this constitute a discrimination?

OMG, not another "discrimination" card attempt.

Where on earth do you get the idea that you were discriminated against because of your race? Was anything said or implied to give you that impression? NO? Then let's just get rid of that ridiculous idea right off the bat.

Now, as far as I can see, there is not currently a specific "Distracted Driving" law or ban on the use of cell phones while driving in Massachusetts. There IS, however, a law that deals with "impeded operation", which the officer elected to charge you with.

PART I TITLE XIV CHAPTER 90 Section 13 of the MGL states, in part:

No person, when operating a motor vehicle, shall permit to be on or in the vehicle or on or about his person anything which may interfere with or impede the proper operation of the vehicle or any equipment by which the vehicle is operator or controlled...

Most GPS units on the market these days have a voice-activated option that allows it to SPEAK with you. If it is intended to be mounted on your dashboard, that gives you the opportunity to look at the maps without having to reach down or look down at a device that is sitting somewhere else in your car. Anything else causes too much of a distraction, and those distractions cause WAY too many accidents these days.

My advice? Drop the righteous indignation act and pay the ticket. You earned it fair and square.

 

[aldaron]

Next time I get a ticket i'm going to try that out. Driving while white, total discrimination because of my skin color. Might work, get my buds Jesse and Al as backup.

 

[Cali408nia]

If you want to fight the ticket the argument that you will have to make is that you were not distracted while driving. The statute definition posted by sandyclaus leaves some interpretation up to the officer as to what is distracting. Changing the radio station, opening a piece of gum, or even glancing at a properly mounted GPS could all cause a distraction. Just because you were looking down occasionally doesn't necessarily mean you were distracted or driving erratically. So, were you driving erratically at all?

The race card thing is ridiculous unless the officer made racial comments towards you. That won't fly as a defense so if you would actually like to fight the ticket please drop that nonsense now. And as an FYI, had this been in a state where there are cell phone or hands free device laws, what you were doing would have been the same thing as looking at your phone on your lap and would have gotten you a ticket. In this scenario, your argument isn't that you didn't have a GPS in your lap, it's that you looking at it wasn't causing you a distraction. It's not going to be an easy ticket to win, but it's a better argument then you would have if it was a hands free law you were cited for. In the future, try to mount your GPS somewhere and make sure it's mounted in a position that's acceptable (for example, if on the windshield, many times it has to be in one of the corners of the windshield) so you won't have any more problems with that.

ETA: This is in the completely wrong section btw. This has nothing to do with employment or discrimination, it belongs in the traffic law sub forum.