Full Time and Attention Ticket

[bpo29]

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

Hello,

I recently received a ticket for "Failure to give Full time and Attention" one morning while driving to work.

The officer told me he saw me looking down at a mobile device. I was not texting or making a phone call, but I was looking at my Google maps application because I was lost. If I remember correctly I was doing this while in a turn lane in stopped traffic.

There are signs throughout the city that say "Park 2 Talk: It's the Law." That's fine by me, but there is nothing about "no use of cell phones period."

I know this is a very minor ticket, but I think it's a silly ticket I received and was considering appearing in court.

The fine is $165. I think this is an outrageous amount for essentially nothing.

The law for the city I received the ticket in is as follows:

FAILURE TO CONTROL; WEAVING; FULL TIME AND ATTENTION.

(a) No person shall operate a vehicle without exercising reasonable and ordinary control over such vehicle.

(b) No person shall operate a vehicle in a weaving or zigzag course unless such irregular course is necessary for safe operation or in compliance with law.

(c) No person shall operate a vehicle without giving his full time and attention to the operation of such vehicle.

Section C of this ordinance is very vague, essentially giving a law enforcement officer the ability to write a ticket if someone isn't looking directly forward with two hands on the wheel.

I avoid texting or making phone calls while driving because I believe it is dangerous, however looking a map because your lost shouldn't be illegal, in my opinion.

Does anyone have advice for getting out of this ticket? I could bring cell phone records to court proving I wasn't texting or making a call. But I didn't get the ticket for that, I got it for failing to pay full time attention.

Thanks!

 

[Ohiogal]

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

Hello,

I recently received a ticket for "Failure to give Full time and Attention" one morning while driving to work.

The officer told me he saw me looking down at a mobile device. I was not texting or making a phone call, but I was looking at my Google maps application because I was lost. If I remember correctly I was doing this while in a turn lane in stopped traffic.

There are signs throughout the city that say "Park 2 Talk: It's the Law." That's fine by me, but there is nothing about "no use of cell phones period."

I know this is a very minor ticket, but I think it's a silly ticket I received and was considering appearing in court.

The fine is $165. I think this is an outrageous amount for essentially nothing.

The law for the city I received the ticket in is as follows:

FAILURE TO CONTROL; WEAVING; FULL TIME AND ATTENTION.

(a) No person shall operate a vehicle without exercising reasonable and ordinary control over such vehicle.

(b) No person shall operate a vehicle in a weaving or zigzag course unless such irregular course is necessary for safe operation or in compliance with law.

(c) No person shall operate a vehicle without giving his full time and attention to the operation of such vehicle.

Section C of this ordinance is very vague, essentially giving a law enforcement officer the ability to write a ticket if someone isn't looking directly forward with two hands on the wheel.

I avoid texting or making phone calls while driving because I believe it is dangerous, however looking a map because your lost shouldn't be illegal, in my opinion.

Does anyone have advice for getting out of this ticket? I could bring cell phone records to court proving I wasn't texting or making a call. But I didn't get the ticket for that, I got it for failing to pay full time attention.

Thanks!

Truthfully you are guilty of the law the way it is written. How much money and time do you have? You can force it to trial -- arguing void for vagueness -- and then appeal if you lose. Of course that would take you several thousand dollars AND more than a year of your life. Your call.

 

[Zigner]

...looking a map because your lost shouldn't be illegal, in my opinion.

It would be much safer to pull to the side of the road if you're going to be giving your full focus to the map and not to driving.

 

[sandyclaus]

Some of those "distracted driving" cell phone laws have been interpreted or rewritten to include things like using apps while you drive. The same concept applies - your eyes are on something else while they're supposed to be on the road in front of you - not unlike looking at a paper map.

I personally think you're getting off pretty cheap. $165 is a small price to pay, as compared with causing an accident where you and others could be seriously injured or killed due to your inattention.

Don't think these kinds of tickets are fair? Then keep your eyes on the road and don't get one. Buy yourself one of those talking GPS units and install it in your car. Pretty simple, actually.

 

[bpo29]

Truthfully you are guilty of the law the way it is written. How much money and time do you have? You can force it to trial -- arguing void for vagueness -- and then appeal if you lose. Of course that would take you several thousand dollars AND more than a year of your life. Your call.

Thank you for your reply and time. I don't want to get into a big long trial process to try to void the law or anything like that.

Yes I guess you are correct that I am guilty of that law the way it is written. But I would think everyone would be guilty of that law, whether you drink coffee on your way to work, change a radio station, or even have a conversation with your passenger....

It would be much safer to pull to the side of the road if you're going to be giving your full focus to the map and not to driving.

Thank you for your reply and time. I agree with your statement that pulling over would have been the safer option.

Some of those "distracted driving" cell phone laws have been interpreted or rewritten to include things like using apps while you drive. The same concept applies - your eyes are on something else while they're supposed to be on the road in front of you - not unlike looking at a paper map.

I personally think you're getting off pretty cheap. $165 is a small price to pay, as compared with causing an accident where you and others could be seriously injured or killed due to your inattention.

Don't think these kinds of tickets are fair? Then keep your eyes on the road and don't get one. Buy yourself one of those talking GPS units and install it in your car. Pretty simple, actually.

Thank you for your reply and time. You are correct that a driver would be distracted while trying to drive and read a map, whether it be paper or digital.

However, I was in stopped traffic in the turn lane while looking at my map. I don't see how I am going to seriously injure / kill myself or others while stopped.






Seems like everyone here is more eager to criticize than advise.

 

[TheGeekess]

Truthfully you are guilty of the law the way it is written. How much money and time do you have? You can force it to trial -- arguing void for vagueness -- and then appeal if you lose. Of course that would take you several thousand dollars AND more than a year of your life. Your call.

Thank you for your reply and time. I don't want to get into a big long trial process to try to void the law or anything like that.

Yes I guess you are correct that I am guilty of that law the way it is written. But I would think everyone would be guilty of that law, whether you drink coffee on your way to work, change a radio station, or even have a conversation with your passenger....




Thank you for your reply and time. I agree with your statement that pulling over would have been the safer option.




Thank you for your reply and time. You are correct that a driver would be distracted while trying to drive and read a map, whether it be paper or digital.

However, I was in stopped traffic in the turn lane while looking at my map. I don't see how I am going to seriously injure / kill myself or others while stopped.






Seems like everyone here is more eager to criticize than advise.

Alrighty then.

 

[Zigner]

Yes I guess you are correct that I am guilty of that law the way it is written. But I would think everyone would be guilty of that law, whether you drink coffee on your way to work, change a radio station, or even have a conversation with your passenger....

You may be right. I guess it was your turn to get caught.

 

[Sloop John D]

Ohio traffic court sucks because you have to pay the court fees, win or lose.

You may be able to arrange some type of plea bargain reduction in fines. This normally happens at the arraignment if they offer in-person arraignments in Ohio. If you simply plead guilty or not guilty on the ticket and mail it in, then I would recommend calling the courthouse and ask about plea deals or fine reductions.

 

[OHRoadwarrior]

I would take the time to challenge the interpretation if your memory is correct an you were sitting still in a turn lane.

 

[Zigner]

I would take the time to challenge the interpretation if your memory is correct an you were sitting still in a turn lane.

If the car was running and in gear and the OP wasn't paying attention to the car and what was going on OUTSIDE the car, then the OP is guilty.

 

[bpo29]

Ohio traffic court sucks because you have to pay the court fees, win or lose.

You may be able to arrange some type of plea bargain reduction in fines. This normally happens at the arraignment if they offer in-person arraignments in Ohio. If you simply plead guilty or not guilty on the ticket and mail it in, then I would recommend calling the courthouse and ask about plea deals or fine reductions.

You can get a plea bargain for a traffic ticket?

 

[Sloop John D]

You can get a plea bargain for a traffic ticket?

Yes. Normally a conversation about a potential plea deal would happen at your first court appearance when you plead guilty or not guilty and set up a court date. However, some cities, counties, or states will have you make the plea by mail without setting foot in the court room. In these circumstances you would contact the courthouse directly and inquire about arranging a plea deal. They could give you more information about whether it's possible and how to do it.

 

[Sloop John D]

If the car was running and in gear and the OP wasn't paying attention to the car and what was going on OUTSIDE the car, then the OP is guilty.

Actually the statute says the driver must give full attention to the operation of the vehicle. Arguably, navigation is part of operation.

That being said, the fact that you have to pay court fees, win or lose, is rather discouraging. Court fees can be as much as the fine in some areas.

If it were me, I would probably try to get a reduction in the fee to something less than the court costs. If you can do that successfully, you would actually save more money by pleading guilty than you would by winning a dismissal in court.

Of course then you have to deal with potential points on your license. I don't know how Ohio handles that, but hopefully they're very forgiving.

 

[Zigner]

Actually the statute says the driver must give full attention to the operation of the vehicle. Arguably, navigation is part of operation.

You would be wrong in your argument.

 

[Sloop John D]

You would be wrong in your argument.

Haha, how's that? There are many aspects to operating a vehicle. Unless you have a case or statute available that says otherwise, I don't see why it wouldn't make for a valid argument.