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Old 09-12-2005, 10:08 AM
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Join Date: Sep 2005
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Carelles Driving - Motorcycle /Cell Phone


What is the name of your state? PA

Traveling to work on a bright sunny day morning. Rural area -25MPH. No traffic in sight front or back. Approaching stop sign about 2500 feet ahead. Receive voice mail - Emegrency. Still no traffic in site. Slowing down before stop sign about 2000, flipped my Nextel to listen to message. Replaced phone on belt at stop sign and waited for my turn to proceed. Soon was pulled over and cited code 3714 Careless Driving.

No state or local law prohibiting cell phone use while operating a motorized vehicle. No law reguarding driving with one hand - hand signals, visor adjustments, radio operation, reserve switch etc..examples using one hand.

So whats left?
Is it careless to take one hand off the handle bar?
Is it careless to listen to a phone message?
Is it careless to drive perfectly?

There are no cell phone vehicle laws. Citation was noted: Operating vechicle - motorcycle while speaking on phone. No law against the phone - I couldnt find one. So thats why I'm chagred under that section- Careless driving.

No traffic in the area, slow controlled speed - no swerving etc...at that slow speed there was no danger to anyone (no traffic around) or property. I believe I didnt break any laws ( can't find any) - but the officer made the phone/careless driving connection. I shouldnt have to justify what I was doing with my phone other than show that I want not in careless disregard operating my vechicle.

Court tomorrow - chances of winning? I think its going to come down to a call on what "careless disregard" means. Officer said I should pull over to make a call. His "opinion", Should I pull over everytime I need to do something?
Should I pull over to find a radio station on my radio and sit and wait untill my song is over? I might be driving with one hand and listening to something at the same time? Humm...
Been riding for 20+ years - Motor Cycle Safety course etc...what is the criteria here?

"Any person who drives a vehicle in careless disregard for the safety of persons or property is guilty of careless driving, a summary offense."

Should be interesting. I'm not a crotchrocket riding kid, I'm a 44 year old systems engineer.

Any legal opinions? - remember - were talking LAW/LAWS so please site them and not personal opinions. Was a law broken here?

thanks,

jamz..

Last edited by jamz310; 09-12-2005 at 11:42 AM.
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