- 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?
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?