40-6-241.1 discrepancy?

sro008

New Member
Jurisdiction
Georgia
Here are the facts: I am 29 years old. I was stopped at on a small private road due to a truck backing into a business. While the truck was backing up and my car was is neutral (stick shift), I switched songs on my phone. During this time a police officer flipped on his lights while parked in a parallel parking spot behind me and pulled me over. I received a ticket for "Failure to exercise due care" section 40-6-241.1. The ticket is listed online as "Unlawful use of wireless device under 18" but this is clearly not the case.

My issue is the verbiage with the described law/offense: (1) "Engage in wireless communication means talking, writing, sending or reading a TEXT-BASED COMMUNICATION OR LISTENING DEVICE on a wireless communication device."

The law clearly states that any sort of communication is not allowed but if no data was being sent, and a song on itunes was simply changed, no sort of communication occurred on a wireless communication device. I am not trying to split hairs but it was very clear that I wasn't violating any other laws, my car wasn't moving and nothing communication based was occurring. I intend on disputing this as this is a clear case of driving revenues. The fine is only $150 but it's the principal of the issue. Is this worth fighting?
 
Is this worth fighting?


That is a decision only YOU can make.

Let us know the outcome, please.

When you respond, I'll then offer additional commentary.
 
That logic doesn't make sense. I'm asking for advice on whether or not to pursue fighting this so coming back after the fact defeats the purpose of me asking for assistance...

So with that said, given the circumstances listed above and according to the verbiage with the law, would this be worth fighting?
 
That logic doesn't make sense. I'm asking for advice on whether or not to pursue fighting this so coming back after the fact defeats the purpose of me asking for assistance...

So with that said, given the circumstances listed above and according to the verbiage with the law, would this be worth fighting?


I don't know many people, myself included, who bother fighting parking tickets, or moving violations.

The ones who do want to correct a moving violation seek deferred adjudication (if its allowed in your state), or take an online traffic school. Both options are sure fire winners.

Again, you're free, above the age of majority, and must make your own decisions.

That said, I'm sure your moms, pops, uncles, aunts, gramps, or meemaw would be happy to chime in if you asked any of them what to do.
 
$150 is a lot of money and these texting while driving cases are taken very seriously. Perhaps you can get the ticket dismissed, we don't know. Showing up and pleading "not guilty" will enable you to obtain as much of a remedy as possible. Technically on the law it seems like you may have a good argument to make and you have your phone as evidence to submit (it would be difficult to obtain a statement from your mobile telephone company.) Best of luck.
 
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