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Cell Phone Ticket

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G.S.C.

Junior Member
What is the name of your state (only U.S. law)? CA, I recieved a cell phone ticket & the fine is $ 142.00. It is my 1st ticket for use of cell phone, so like many others, if the fine is only supposedly $ 20, then how is it justified to charge an additonal $ 122. My question is should I go to court to try to get it reduced, knowing I'll miss work, thus lose $$$. It really seems unfair and most of us are simply going to pay the fine. There truly is no longer any justice! It's apparent to me that the law's intent is simply shake down drivers for missing $$$'s from the local County & City's budgets. Please advise.What is the name of your state (only U.S. law)?
 


BOR

Senior Member
Any amount over a defacto fine is called an "assessment". It defrays court administration costs.

There was talk around here that there would be a charge for motorists when the police were called to take a traffic accident report, because they are primarily to patrol to prevent criminal activity simply by thier presence, and taking time to take a report is a waste of taxpayer money. The talk has not come to fruition yet as far as I know.
 

G.S.C.

Junior Member
Cattle in the Herd!

Thanks for the answer that unfortunately I already new. I'll pay the fine, simply like the cow obliviously going to the slaughter house! I also have an ear bud so it shouldn't happen again, however if you read some of the posts on this site, people are regularly being cited for this violation with little to no provocation. The irony is that I regularly see law enforcment officers in their vehicles using cell phones, and it's not by way of hands free. If the general public doesn't support the law then why have it; and I'm not looking for the panned answer "...that it protects the public". I've had a cell phone ever since they became available to the public and I've never came close to having an accident.

The question is how can we (the public) fight the system regarding laws that are obviously designed to fill the gap for the failure of our Fed., state and local politicians in their inability to prudently and fiscally manage public funds? The cell phone law being the latest. Is there a advocacy group or organization that one can join, that works on getting laws like this repealed, or again do we just take our place in line as good little cows on there way to slaughter? It's another way of having to pay a tax without having it legislated.
 

Zigner

Senior Member, Non-Attorney
Thanks for the answer that unfortunately I already new. I'll pay the fine, simply like the cow obliviously going to the slaughter house! I also have an ear bud so it shouldn't happen again
I'm willing to bet that, for a measly $20, you wouldn't have bothered getting that ear bud. :rolleyes:

At least now, you won't be on of those arses who can't keep in his/her own lane because you're too busy keeping that phone up to your ear!
 

G.S.C.

Junior Member
Still looking for answer to the ???

I owned the ear bud already, I simply had the phone in my hand, pressed the button and the call was sent up to my ear bud, and before I new it the police officer pulled me over. I don't believe my actions endangered anyone, other than it will cause a transfer $142 from my account and deposit of the same funds into the City of Albany's. If you don't regularly utilize a cell phone on the road, then it's hard to understand one's argument. However if you utilize a phone regularly at your office, just imagine doing so on the road, it will help put it into perspective. Regardless of which side of the argument you're on, it will take time to adjust to hands free law, and I still don't agree that it should have ever been passed into a law.

So again I ask, is there an advocacy group or organization that one can join, that works on getting laws like this repealed?
 

Zigner

Senior Member, Non-Attorney
I owned the ear bud already, I simply had the phone in my hand, pressed the button and the call was sent up to my ear bud, and before I new it the police officer pulled me over. I don't believe my actions endangered anyone, other than it will cause a transfer $142 from my account and deposit of the same funds into the City of Albany's. If you don't regularly utilize a cell phone on the road, then it's hard to understand one's argument. However if you utilize a phone regularly at your office, just imagine doing so on the road, it will help put it into perspective. Regardless of which side of the argument you're on, it will take time to adjust to hands free law, and I still don't agree that it should have ever been passed into a law.

So again I ask, is there an advocacy group or organization that one can join, that works on getting laws like this repealed?
Good Lord!
They had a media FRENZY about this for AT LEAST a year before the law took effect. I have been 100% compliant with the law since well before it took effect. I'm sorry you couldn't be bothered... :rolleyes::rolleyes:
 
- Distraction from cell phone use while driving (hand held or hands free) extends a driver's reaction as much as having a blood alcohol concentration at the legal limit of .08 percent. (University of Utah)

- The No.1 source of driver inattention is use of a wireless device. (Virginia Tech/NHTSA)

- Drivers that use cell phones are four times as likely to get into crashes serious enough to injure themselves. (NHTSA, Insurance Institute for Highway Safety)

- Driving while using a cell phone reduces the amount of brain activity associated with driving by 37 percent. (Carnegie Mellon)

Not legal advice, and not really answering your question I admit, but still relevant information I think. This is why the hands free laws are becoming more and more common. This is why the fines should be even more steep then they already are in my humble opinion.
 

G.S.C.

Junior Member
Keep Drinking the Cool Aide

:)blahbleebloo, Thank you I appreciate your input from the various studies that have taken place. I'm always dubious of those studies, who paid for them and does the study benefit them in any way?

While I do believe that emailing and texting while driving can be dangerous, talking over the cell phone or simply having it in your hand, I don't believe is; again I've never even come close to an accident in the many years I've been driving while utilizing a cell phone.

:eek:Zigner, I was involve in a small fashion, to no avail, in the argument against the "Hands Free Law" or rather the "Hands in your wallet law". Laws can be repealed and this is one in my opinion that should be! Just because it became a law, should not mean you can't argue that it shouldn’t be one, after all isn’t that what a Democracy is all about. California is full of foolish, idiotic laws that are in place for no other reason than to simply screw the public out of their hard earned cash, hidden under the guise that it will "Save the Children" or "Save Life’s"; unfortunately I have to abide by the law, it however doesn't mean I have to agree with it! I choose not to drink the cool aide.

So again I ask, is there an advocacy group or organization that one can join, that works on getting laws like this repealed?
 
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Zigner

Senior Member, Non-Attorney
So again I ask, is there an advocacy group or organization that one can join, that works on getting laws like this repealed?
Start your own - but most sane people realize the danger of driving while holding a phone...
 

BOR

Senior Member
GSC, some cities in Ohio have Ordinances titled Full time and Attention.

No person shall operate a motor vehicle without giving it thier FTAT. This would include a woman putting on makeup in the rear view mirror when driving, and I have no problem with it.

I think it is not the fine/penalties involved, but the law itself, and driving must be regulated.

NOW, when they ban eating in cars, I will have a problem with it, ha ha!
 

G.S.C.

Junior Member
:pSo...your answer is you don't know? Wouldn’t that have been an easier response?

:D:cool:Not sure what use your comment is on sanity, other than a cheap attempt at jab and the fact that you likely have no useful input. My guess is you are either retired or you don't own a cell phone, or don't utilize one for work on a daily basis, otherwise you'd likely, at minimum understand the frustration behind receiving a ticket over such a lame law, especially when it was in my hand for less than twenty seconds. It's clearly a law to generate and replaced badly mismanaged revenue and nothing more!

Again I'm not arguing that texting and emailing while driving isn’t dangerous, I'm arguing that simply talking on a cell phone isn't nearly as dangerous as it was pitched. Out of twenty plus years of talking in a cell phone I've never ever come even close to a fender bender. When does it end?!?!? It is exhausting all the laws folks want to make to save the public from themselves; "...gees Wally I'm sure glad big bothers around to make all the tough decisions for me, otherwise I might self destruct!". Sorry I'm a confident adult that doesn’t need government coddling; so I can respectfully disagree with you and leave it at that.
 

tranquility

Senior Member
Actually, the cell phone companies have been trying like crazy to find *any* results which indicate talking on the cell phone while driving is not as bad as being under the influence. Have you heard of any? It's all about divided attention impairment.

The bad part is it does not seem related to if the phone is in your hands or not. The hands free exception seems beneficial to the way the legislators use their phone and not based on any study.

(The police are specifically exempted from the law.)
 

Zigner

Senior Member, Non-Attorney
Funny thing is that I'm not even talking about the problem with divided attention. My complaint is much more basic. People think that having their hand holding a device to the side of their head somehow gives them full control of their vehicle. I guess people forget the whole two hands on the wheel thing...
 
For further information, please consult Mythbusters Episode 33, where they confirm that talking on a cell phone while driving is as dangerous as driving while intoxicated. Highly educational. :D:D
 
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