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40-6-241

Discussion in 'Speeding Tickets, Traffic & Moving Violations' started by Trey, Jul 18, 2016.

  1. Trey

    Trey Law Topic Starter Guest

    Jurisdiction:
    Georgia
    I have 20 years law enforcement experience. My wife received a traffic summons in a small town near our residence.

    She was cited for 40-6-241 distracted driving.
    The officer stated he saw her look at her cell phone. This was also the reason for the traffic stop. No other traffic offense occurred. Of course the stop is on video which I am thankful for.

    My argument is this: she was lawfully talking on her cell phone in Georgia. She is not under 18, not driving a school bus......40-6-241.1. She didn't commit any other traffic offense but was stopped only for looking at her phone. A quick glance and she had on sun glasses.

    I don't think it is a "stoppable" traffic offense because she violated no other traffic laws therefore there's no way she was distracted. The video will prove there were no other violations and none were cited or written on the citation.

    I have talked with several GSP friends of mine and ex partners working traffic in our sheriffs office here. All agree that the only way to make a traffic stop under 40-6-241 is to observe another violation that results in the distraction or observe a violation under 40-6-241.2 in which it is a violation of a person sends, receives, composes or reads a text or other written communication while driving. Which none of this occurred.

    I believe the traffic stop is unlawful and is happening frequently by this officer. I have talked with the officer and his police chief. The officer says he is right and the chief said if I think I am right to go to court. (I am )

    My problem is now we will be burdened to have to miss work and at the very least pay a court fee for a bogus traffic stop!

    What is your opinion on this situation? Thank you!
     
  2. Highwayman

    Highwayman Well-Known Member

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    No, you're not. The case has nothing to do with you. You should know that you cannot represent your wife - you are not an attorney.

    I don't see how any video is going to prove anything here. Videos usually start when the lights come on and almost never show anything regarding the offense.

    Either your wife has to represent herself or you can hire an attorney to represent her.

    I would think this would all be obvious after twenty years experience.
     
  3. Trey

    Trey New Member

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    Maybe you over read my post? Maybe I was under the impression I was really talking with a qualified lawyer.

    I didn't say I was representing my wife. She will in fact either defend herself or we will get an attorney but thanks for the newsflash I guess. When the chief was telling me to fight it in court he certainly meant my wife.

    dont insult my intelligence please.........with video there is audio......which will clearly state the officer saying he pulled her over for looking at her phone. Not illegal in Georgia. If he doesn't have video of a violation that was a result of being distracted he has no case. As every other officer I have talked with has agreed with me in.

    In fact the case has everything to do with me! I believe an officer is ticketing motorists for bogus violations......one being my wife.

    I was looking for other opinions of folks who may have had experience in another case like this one. I'm not looking for a way out of a ticket.......I not only don't think she violated any law but was stopped illegally based on traffic code here in Georgia.

    I saw many intelligent answers on other questions asked on this forum so I asked for simple opinions on the case..........after twenty years living my life in the court room on case after case.........I certainty don't need any guidance in traffic court.

    So either you can answer the simple question or help someone else with questions about rights and operations in the judicial systems.

    In my 20 years experience I've delt with many smart assess.......,.thats for certain.......please don't add to the total. Thanks
     
  4. army judge

    army judge Super Moderator

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    In GA, a citation for allegedly violating 40-6-241 "Failure to Exercise Due Care", carries 3 point penalty assessment to your driving record.

    If, however, she was cited for 40-6-241.1 allegedly violating "Violation of Usage of Wireless Telecommunications Device"; or the lesser known companion offense, its only (1 point) or the even lesser known companion offense: under 40-6-241.2 - "Operating a Vehicle while Text Messaging" (one point, too)!!!

    So, make sure you note EXACT violation for which she was cited.

    It'll probably raise insurance rates, in addition to any fines, court costs, and other fees; if convicted of same.

    As you noted, it'll cost time from work, and the stress, strain, and untold aggravation for sitting through traffic court.

    However, there is another great option.

    Traffic school ONLINE, it only cost about $25 to $40.

    Its easy to complete, a driver will always find it useful, and upon completion the citation is completely cleansed from your record.

    A person can complete from almost anywhere they have internet access, it can be done in portions until you finish, its better than some filthy, crowded, nasty courtroom, and no one will hassle you in your own bedroom or den!!!!


    Here are just a few schools eligible to operate in GA:

    Do your own DUE DILIGENCE before signing up, as these schools are only illustrative of what my search discovered!
    ..
    ..
    Defensive Driving Course Georgia - Traffic School Online
    ..
    ..
    Georgia Defensive Driving Traffic School Online
    ..
    ..
    Certified Defensive Driving/Driver Improvement Schools - Department of Driver Services
    ..
    ..
    Georgia Driver Improvement
    ..
    ..
    Georgia Traffic Safety Courses
     
  5. Highwayman

    Highwayman Well-Known Member

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    But reading text messages or emails IS illegal.

    Really? A video is necessary for a conviction? Then I guess not many people get convicted of anything down there.
     
  6. Trey

    Trey New Member

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    She wasn't reading a text message. She was talking in her phone. Not illegal in Georgia.

    Highwayman......what I'm saying is she committed no traffic offense under any Ga. State traffic code. She was talking into the speaker phone on the device. Not illegal in Georgia. She did not violate any Ga. Traffic code.
     
  7. army judge

    army judge Super Moderator

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    Okay, if that's her defense, good luck with it.

    I suspect the officer's version of events will vary greatly from your spouse's.

    Again, traffic school is always a sure fire winner.

    Good luck to your wife.
     
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  8. Trey

    Trey New Member

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    They officer stated the he simply saw her look at her phone. That was his reason for the stop. She was holding the phone to her mouth and talking into it. 100% legal in the state of Georgia.

    I worked traffic many years ago before becoming a narcotics agent. So I'm not a traffic law expert by any means. Based on what friends of mine in traffic have advised me this was not a legit reason for a traffic stop.

    Maybe he needs to pad his stats or they need revue?

    Thanks for your input!
     
  9. army judge

    army judge Super Moderator

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    I've been an elected district attorney, an assistant US attorney, a military judge, a district court judge in Texas, a criminal defense attorney, and never once have I met any law enforcement officer who had a quota, or was forced to abuse legitimate police powers to create revenue for any government entity.

    In my community I know most all of the law enforcement officers, from the Feds, Texas Rangers, county, city, and state.

    I've been stopped a couple of times and never received anything but the courtesy I gave.

    Sorry to hear your wife's recent experience was unpleasant.


    All I can say is remain safe out there, and thank you for your service.
     
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  10. Trey

    Trey New Member

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    Thanks very much!

    The officer was very nice and professional in the traffic stop.
     
  11. Highwayman

    Highwayman Well-Known Member

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    Well if that's what he saw then I would think that's a good reason. After all, why would someone just be looking at their phone? Reading something is a good assumption.

    You tell us. Twenty years in LE and your wife gets ticketed in an adjoining jurisdiction and you seem baffled by all of this. I don't even see why you would post these questions here when you should have ample resources and experience local to the issue.
     
  12. Trey

    Trey New Member

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    Look I just asked an opinion, if the only reason you get in this forum is to be an ass then you don't have much of a life. I have plenty of resources but I was looking for opinions of some folks that aren't connected to me.

    Please help others that may be in need of your services. I don't deal with folks that think others are beneath them. Cheers!
     
  13. Trey

    Trey New Member

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    Also........you can look up the traffic code and formulate an opinion of what I asked based on the law written. I'm not looking for legal rep. Just opinions without smart comments. Period.
     

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