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Ticket for Texting, is this a new law?
Posted by: Class of 2011 ()
Date: July 12, 2013 06:23AM

Got a ticket yesterday in fairfax while I was driving over to my bros house. Sent a text at the light and got a ticket. Is this a new law? How much does the ticket cost?

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Re: Ticket for Texting, is this a new law?
Posted by: facepalm ()
Date: July 12, 2013 06:47AM

No, there is no law about this on the books, the officer is just a total douche and made it up when he saw you doing something incredibly dangerous....

Really?! YES it's a new law, went into effect on July 1. It's $125 for the first offense. In actuality, it was always a law, with a fine of $20, but it was not a primary offense, meaning they could stop you for running a stop sign and then tack on the texting ticket, which is probably why you ran the stop sign. Now they can stop you solely for sending texts (and then nail you for other things, LOL)

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Re: Ticket for Texting, is this a new law?
Posted by: Class of 2011 ()
Date: July 12, 2013 06:58AM

Uh didnt run the stop sign, i was stopped at the light.

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Re: Ticket for Texting, is this a new law?
Posted by: facepalm ()
Date: July 12, 2013 07:19AM

Class of 2011 Wrote:
-------------------------------------------------------
> Uh didnt run the stop sign, i was stopped at the
> light.

It was an example of what constitutes a primary offense and a secondary offense numb nuts. You deserved your ticket and I fully expect this not to be your last. BTW, they go up after your first offense....

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Re: Ticket for Texting, is this a new law?
Posted by: Logical Liberal ()
Date: July 12, 2013 07:23AM

Class of 2011 Wrote:
-------------------------------------------------------
> Got a ticket yesterday in fairfax while I was
> driving over to my bros house. Sent a text at the
> light and got a ticket. Is this a new law? How
> much does the ticket cost?

$125 for first offense, PLUS processing fees/court costs. A second offense will set you back $250+.

This isn't about safety, it's about revenue - otherwise the law would have a "moving vehicle" stipulation.

Even more interesting is the fact that they can ticket you for READING a text at a stoplight. I think it's still "okay" to read a newspaper, or apply makeup, though.

Sending a text would give you a defense, since you could prove you hadn't been texting. The reading part opens you up for an impossible-to-defend ticket if you even touch a device.



Edited 1 time(s). Last edit at 07/12/2013 07:25AM by Logical Liberal.

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Re: Ticket for Texting, is this a new law?
Posted by: Class of 2011 ()
Date: July 12, 2013 07:24AM

facepalm Wrote:
-------------------------------------------------------
> Class of 2011 Wrote:
> --------------------------------------------------
> -----
> > Uh didnt run the stop sign, i was stopped at
> the
> > light.
>
> It was an example of what constitutes a primary
> offense and a secondary offense numb nuts. You
> deserved your ticket and I fully expect this not
> to be your last. BTW, they go up after your first
> offense....

Uh dont get it

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Re: Ticket for Texting, is this a new law?
Posted by: Jaco ()
Date: July 12, 2013 07:58AM

Logical Liberal Wrote:
-------------------------------------------------------
> Class of 2011 Wrote:
> --------------------------------------------------
> -----
> > Got a ticket yesterday in fairfax while I was
> > driving over to my bros house. Sent a text at
> the
> > light and got a ticket. Is this a new law? How
> > much does the ticket cost?
>
> $125 for first offense, PLUS processing fees/court
> costs. A second offense will set you back $250+.
>
> This isn't about safety, it's about revenue -
> otherwise the law would have a "moving vehicle"
> stipulation.
>
> Even more interesting is the fact that they can
> ticket you for READING a text at a stoplight. I
> think it's still "okay" to read a newspaper, or
> apply makeup, though.
>
> Sending a text would give you a defense, since you
> could prove you hadn't been texting. The reading
> part opens you up for an impossible-to-defend
> ticket if you even touch a device.

There's a "logical liberal", stating something he heard from someone else, or assumed, as fact without actually researching anything for themselves. As you will note in section A it does say "operate a moving vehicle".

46.2-1078.1. Use of handheld personal communications devices in certain motor vehicles; exceptions; penalty.

A. It is unlawful for any person to operate a moving motor vehicle on the highways in the Commonwealth while using any handheld personal communications device to:

1. Manually enter multiple letters or text in the device as a means of communicating with another person; or

2. Read any email or text message transmitted to the device or stored within the device, provided that this prohibition shall not apply to any name or number stored within the device nor to any caller identification information.

B. The provisions of this section shall not apply to:

1. The operator of any emergency vehicle while he is engaged in the performance of his official duties;

2. An operator who is lawfully parked or stopped;

3. The use of factory-installed or aftermarket global positioning systems (GPS) or wireless communications devices used to transmit or receive data as part of a digital dispatch system; or

4. Any person using a handheld personal communications device to report an emergency.

C. A violation of this section is a traffic infraction punishable, for a first offense, by a fine of $125 and, for a second or subsequent offense, by a fine of $250.

For the purposes of this section, "emergency vehicle" means:

1. Any law-enforcement vehicle operated by or under the direction of a federal, state, or local law-enforcement officer;

2. Any regional detention center vehicle operated by or under the direction of a correctional officer responding to an emergency call or operating in an emergency situation;

3. Any vehicle used to fight fire, including publicly owned state forest warden vehicles, when traveling in response to a fire alarm or emergency call;

4. Any ambulance, rescue, or life-saving vehicle designed or used for the principal purpose of supplying resuscitation or emergency relief where human life is endangered;

5. Any Department of Emergency Management vehicle or Office of Emergency Medical Services vehicle, when responding to an emergency call or operating in an emergency situation;

6. Any Department of Corrections vehicle designated by the Director of the Department of Corrections, when (i) responding to an emergency call at a correctional facility, (ii) participating in a drug-related investigation, (iii) pursuing escapees from a correctional facility, or (iv) responding to a request for assistance from a law-enforcement officer; and

7. Any vehicle authorized to be equipped with alternating, blinking, or flashing red or red and white secondary warning lights pursuant to ยง 46.2-1029.2.

(2009, c. 661; 2013, cc. 752, 790.)

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Re: Ticket for Texting, is this a new law?
Posted by: Class of 2011 ()
Date: July 12, 2013 08:20AM

Jaco Wrote:
-------------------------------------------------------
> There's a "logical liberal", stating something he
> heard from someone else, or assumed, as fact
> without actually researching anything for
> themselves. As you will note in section A it does
> say "operate a moving vehicle".
>
> 46.2-1078.1. Use of handheld personal
> communications devices in certain motor vehicles;
> exceptions; penalty.
>
> A. It is unlawful for any person to operate a
> moving motor vehicle on the highways in the
> Commonwealth while using any handheld personal
> communications device to:
>
> 1. Manually enter multiple letters or text in the
> device as a means of communicating with another
> person; or
>
> 2. Read any email or text message transmitted to
> the device or stored within the device, provided
> that this prohibition shall not apply to any name
> or number stored within the device nor to any
> caller identification information.

Uh Dickweed I was at a stop light my car wasnt moving.

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Re: Ticket for Texting, is this a new law?
Posted by: Jaco ()
Date: July 12, 2013 08:53AM

Class of 2011 Wrote:
-------------------------------------------------------
> Jaco Wrote:
> --------------------------------------------------
> -----
> > There's a "logical liberal", stating something
> he
> > heard from someone else, or assumed, as fact
> > without actually researching anything for
> > themselves. As you will note in section A it
> does
> > say "operate a moving vehicle".
> >
> > 46.2-1078.1. Use of handheld personal
> > communications devices in certain motor
> vehicles;
> > exceptions; penalty.
> >
> > A. It is unlawful for any person to operate a
> > moving motor vehicle on the highways in the
> > Commonwealth while using any handheld personal
> > communications device to:
> >
> > 1. Manually enter multiple letters or text in
> the
> > device as a means of communicating with another
> > person; or
> >
> > 2. Read any email or text message transmitted
> to
> > the device or stored within the device,
> provided
> > that this prohibition shall not apply to any
> name
> > or number stored within the device nor to any
> > caller identification information.
>
> Uh Dickweed I was at a stop light my car wasnt
> moving.


Then you should have a pretty good case in court. Next time, before you start calling people names, pay attention to who I quoted. My post contained the code section you were cited for but was directed to the individual posting as "Logical Liberal". I was correcting the misinformation he provided and throwing you a bone you may be able to use to get out of your ticket providing you were not moving during any of your texting. You're welcome.

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Re: Ticket for Texting, is this a new law?
Posted by: backfire ()
Date: July 12, 2013 08:57AM

I really think this law is gonna backfire... since the law is worded so poorly, it's going to lead to a lot of people contesting their ticket, I think. That's gonna probably lead the state to spending more money trying to enforce it than they manage to bring in. Especially in light of a report I read last week saying that police in the state haven't even been trained on how to enforce the law, and the state has hired a consultant to create a training curriculum for police.

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Re: Ticket for Texting, is this a new law?
Posted by: WingNut ()
Date: July 12, 2013 09:08AM

Has anyone tried the "checking my GPS" defense?


idontlikebeingrightaboutshitlikethisbutiam



Edited 21 time(s). Last edit at 5/31/1967 05:57AM by WingNut.

Last edit at 11/30/2015 01:37PM Last edit at 5/14/2015 03:52PM Last edit at 1/28/2014 05:57AM Last edit at 11/29/2015 01:10PM Last edit at 3/14/2011 11:52PM Last edit at 7/20/2012 04:07AM
Last edit at 6/29/2013 11:18PM Last edit at 3/19/2011 01:02PM Last edit at 3/26/2012 09:07PM


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Re: Ticket for Texting, is this a new law?
Posted by: carefuldriver ()
Date: July 12, 2013 09:31AM

I have a printed copy of 46.2-1078.1. in each of my cars, with the "moving vehicle" and "lawfully stopped" parts hilighted. If I get pulled for looking at my phone while sitting at a red light hopefully it will save me a ticket and educate the officer at the same time.

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Re: Ticket for Texting, is this a new law?
Posted by: Class of 2011 ()
Date: July 12, 2013 09:38AM

Jaco Wrote:
-------------------------------------------------------
> Class of 2011 Wrote:
> --------------------------------------------------
> -----
> > Jaco Wrote:
> >
> --------------------------------------------------
>
> > -----
> > > There's a "logical liberal", stating
> something
> > he
> > > heard from someone else, or assumed, as fact
> > > without actually researching anything for
> > > themselves. As you will note in section A it
> > does
> > > say "operate a moving vehicle".
> > >
> > > 46.2-1078.1. Use of handheld personal
> > > communications devices in certain motor
> > vehicles;
> > > exceptions; penalty.
> > >
> > > A. It is unlawful for any person to operate a
> > > moving motor vehicle on the highways in the
> > > Commonwealth while using any handheld
> personal
> > > communications device to:
> > >
> > > 1. Manually enter multiple letters or text in
> > the
> > > device as a means of communicating with
> another
> > > person; or
> > >
> > > 2. Read any email or text message transmitted
> > to
> > > the device or stored within the device,
> > provided
> > > that this prohibition shall not apply to any
> > name
> > > or number stored within the device nor to any
> > > caller identification information.
> >
> > Uh Dickweed I was at a stop light my car wasnt
> > moving.
>
>
> Then you should have a pretty good case in court.
> Next time, before you start calling people names,
> pay attention to who I quoted. My post contained
> the code section you were cited for but was
> directed to the individual posting as "Logical
> Liberal". I was correcting the misinformation he
> provided and throwing you a bone you may be able
> to use to get out of your ticket providing you
> were not moving during any of your texting.
> You're welcome.

Uh sorry bout that

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Re: Ticket for Texting, is this a new law?
Posted by: Class of 2011 ()
Date: July 12, 2013 09:39AM

carefuldriver Wrote:
-------------------------------------------------------
> I have a printed copy of 46.2-1078.1. in each of
> my cars, with the "moving vehicle" and "lawfully
> stopped" parts hilighted. If I get pulled for
> looking at my phone while sitting at a red light
> hopefully it will save me a ticket and educate the
> officer at the same time.

uh dickweed u spelled careful wrong its suposed to be careful.

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Re: Ticket for Texting, is this a new law?
Posted by: dickers ()
Date: July 12, 2013 01:35PM

You were probably that dick texting at a light that turned green and everyone behind you had to wait until you finished your ever important thought. That's probably the other half of the story you won't admit because there is no such phenomenon as personal responsibility anymore.

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Re: Ticket for Texting, is this a new law?
Posted by: Ralph Pootawn ()
Date: July 12, 2013 01:54PM

Class of 2011 Wrote:
-------------------------------------------------------
> facepalm Wrote:
> --------------------------------------------------
> -----
> > Class of 2011 Wrote:
> >
> --------------------------------------------------
>
> > -----
> > > Uh didnt run the stop sign, i was stopped at
> > the
> > > light.
> >
> > It was an example of what constitutes a primary
> > offense and a secondary offense numb nuts. You
> > deserved your ticket and I fully expect this
> not
> > to be your last. BTW, they go up after your
> first
> > offense....
>
> Uh dont get it
Attachments:
1313793299646.jpg

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Re: Ticket for Texting, is this a new law?
Posted by: FD11 ()
Date: July 12, 2013 03:27PM

Class of 2011 Wrote:
-------------------------------------------------------
> Uh didnt run the stop sign, i was stopped at the
> light.

I honestly cannot believe how stupid some people are.

So what if you were at a light. If you're drunk but at a light are you still driving while intoxicated? Yes.

Oh, by the way...STOP FUCKING TEXTING WHEN YOU DRIVE! YOU ARE NOT THAT FUCKING IMPORTANT AND PEOPLE LIKE YOU COMPLETELY FUCK UP TRAFFIC.

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Re: Ticket for Texting, is this a new law?
Posted by: iphonegps ()
Date: July 12, 2013 03:36PM

Does this mean I cannot touch my iphone to use the gps system on that?

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Re: Ticket for Texting, is this a new law?
Posted by: facepalm ()
Date: July 12, 2013 03:51PM

Class of 2011 Wrote:
-------------------------------------------------------
> Jaco Wrote:
> --------------------------------------------------
> -----
> > There's a "logical liberal", stating something
> he
> > heard from someone else, or assumed, as fact
> > without actually researching anything for
> > themselves. As you will note in section A it
> does
> > say "operate a moving vehicle".
> >
> > 46.2-1078.1. Use of handheld personal
> > communications devices in certain motor
> vehicles;
> > exceptions; penalty.
> >
> > A. It is unlawful for any person to operate a
> > moving motor vehicle on the highways in the
> > Commonwealth while using any handheld personal
> > communications device to:
> >
> > 1. Manually enter multiple letters or text in
> the
> > device as a means of communicating with another
> > person; or
> >
> > 2. Read any email or text message transmitted
> to
> > the device or stored within the device,
> provided
> > that this prohibition shall not apply to any
> name
> > or number stored within the device nor to any
> > caller identification information.
>
> Uh Dickweed I was at a stop light my car wasnt
> moving.


Doesn't matter. You had the car running and in gear. Same principles apply as to a drunk driving ticket. Seriously, if you are the cream of the 2011 graduating crop, I weep for the future....

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Re: Ticket for Texting, is this a new law?
Posted by: Class of 2011 ()
Date: July 12, 2013 06:27PM

Uh does anyone know a good lawyer?

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Re: Ticket for Texting, is this a new law?
Posted by: Logical Liberal ()
Date: July 12, 2013 06:42PM

Jaco Wrote:
-------------------------------------------------------
> There's a "logical liberal", stating something he
> heard from someone else, or assumed, as fact
> without actually researching anything for
> themselves. As you will note in section A it does
> say "operate a moving vehicle".

Hey... at least I can admit when I'm wrong.

And yes, I did read that from multiple sources.

Other than the immediate jump to partisan politics (still not sure why you guys insist on doing that, no matter the topic), I'm happy to read this.

EDIT: I'm going to take "partial credit" for this one - if it's a commercial vehicle, the stoplight exception does not apply.



Edited 2 time(s). Last edit at 07/12/2013 07:01PM by Logical Liberal.

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Re: Ticket for Texting, is this a new law?
Posted by: Dont_run_lights() ()
Date: July 12, 2013 07:43PM

Class of 2011 Wrote:
-------------------------------------------------------
> Got a ticket yesterday in fairfax while I was
> driving over to my bros house. Sent a text at the
> light and got a ticket. Is this a new law? How
> much does the ticket cost?

Call on the phone... Skip the texting shit. There IS no primary offense LAW against talking the phone.

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Re: Ticket for Texting, is this a new law?
Posted by: Logical Liberal ()
Date: July 12, 2013 07:46PM

Dont_run_lights() Wrote:
-------------------------------------------------------
> Call on the phone... Skip the texting shit. There
> IS no primary offense LAW against talking the
> phone.

... unless you're operating a commercial vehicle.

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Re: Ticket for Texting, is this a new law?
Posted by: Stabitha ()
Date: July 12, 2013 08:38PM

Class of 2011 Wrote:
-------------------------------------------------------
> Got a ticket yesterday in fairfax while I was
> driving over to my bros house. Sent a text at the
> light and got a ticket. Is this a new law? How
> much does the ticket cost?

Typical douche bag iPhone junkie. Knows more about the launch of the next Apple product than he does about new laws and when they go into effect.

Anybody who starts every response with Uhh deserves many more tickets.



Edited 1 time(s). Last edit at 07/12/2013 08:41PM by Stabitha.

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Re: Ticket for Texting, is this a new law?
Posted by: 40 year old texter ()
Date: July 12, 2013 08:42PM

This law is just a dumb excuse for more state revenue. It should only count if the car is actually moving. I am going to text as much as possible when I drive now. I am going to keep the phone low.

Oh yeah. Time to start texting about Filmdex.

Stupid commie laws.

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Re: Ticket for Texting, is this a new law?
Posted by: Stabitha ()
Date: July 12, 2013 08:48PM

Is a text really worth $125 to you? You know you can buy a lot of text messages for $125!

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Re: Ticket for Texting, is this a new law?
Posted by: Jaco ()
Date: July 12, 2013 08:52PM

Logical Liberal Wrote:
-------------------------------------------------------
> Jaco Wrote:
> --------------------------------------------------
> -----
> > There's a "logical liberal", stating something
> he
> > heard from someone else, or assumed, as fact
> > without actually researching anything for
> > themselves. As you will note in section A it
> does
> > say "operate a moving vehicle".
>
> Hey... at least I can admit when I'm wrong.
>
> And yes, I did read that from multiple sources.
>
> Other than the immediate jump to partisan politics
> (still not sure why you guys insist on doing that,
> no matter the topic), I'm happy to read this.
>
> EDIT: I'm going to take "partial credit" for this
> one - if it's a commercial vehicle, the stoplight
> exception does not apply.

Perhaps it is your chosen screen name that injects politics where it may not otherwise be considered. You certainly seem more reasonable than your screen name would imply.

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Re: Ticket for Texting, is this a new law?
Posted by: 703 Scofflaw ()
Date: July 13, 2013 12:55AM

I've been pulled over for this twice now. Both times I told the officer I was checking my calendar and he let me go.

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Re: Ticket for Texting, is this a new law?
Posted by: Logical Liberal ()
Date: July 13, 2013 10:48AM

Jaco Wrote:
-------------------------------------------------------
> Logical Liberal Wrote:
> --------------------------------------------------
> > Other than the immediate jump to partisan
> politics
> > (still not sure why you guys insist on doing
> that,
> > no matter the topic), I'm happy to read this.
>
> Perhaps it is your chosen screen name that injects
> politics where it may not otherwise be considered.
> You certainly seem more reasonable than your
> screen name would imply.

Thanks for noticing that... the unfortunate irony was actually the point.

I don't use the "modern" definition of Liberal. I'd be a Libertarian if I had a bit more faith in the nature of man.



Edited 1 time(s). Last edit at 07/13/2013 10:50AM by Logical Liberal.

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Re: Ticket for Texting, is this a new law?
Posted by: Logical Liberal ()
Date: July 13, 2013 11:15AM

40 year old texter Wrote:
-------------------------------------------------------
> This law is just a dumb excuse for more state
> revenue. It should only count if the car is
> actually moving. I am going to text as much as
> possible when I drive now. I am going to keep the
> phone low.
>
> Oh yeah. Time to start texting about Filmdex.
>
> Stupid commie laws.

Good information keeps being buried by the bad. This was my misunderstanding, too.

To refresh:

It IS legal to send and read text messages if the car is not moving, unless you're operating a "commercial vehicle".

http://fredericksburg.patch.com/groups/police-and-fire/p/ask-a-cop-texting-at-a-stoplight

EDIT: I just double-checked that link. It's dated. I'm not sure of the actual answer, now.



Edited 1 time(s). Last edit at 07/13/2013 11:18AM by Logical Liberal.

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Re: Ticket for Texting, is this a new law?
Posted by: Logical Liberal ()
Date: July 13, 2013 11:49AM

I called FCPD for clarification, and she had to put me on hold to get a full answer. It's good to know that they're confused, too.

According to her, the old law applies, and the only real change (other than the fine) is to make it a primary offense.

So, if that is correct, stoplights are okay, unless you're in a commercial vehicle. Operators of commercial vehicles can not talk on the phone or text at any time.

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