T
Trey
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!
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!