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Mobile Phone Quotation With Extreme Good

Been involved in a traffic accident? Discuss traffic laws here

Mobile Phone Quotation With Extreme Good

Postby Tobin » Sun Jun 22, 2014 3:02 am

Our issue entails a traffic solution in the state-of: CA. Our 18-hey boy responded his mobile phone while stopped in a lighting and was reported. There is no additional breach. 8 weeks later, we've gotten notice of the good of 1. I am aware this really is almost double the typical quantity. Wouldn't it be worthwhile for him to try to combat this solution in courtroom? Could he have something to get rid of in so doing? Thanks so much for almost any advice.
Tobin
 
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Cell Phone Citation With Excessive Fine

Postby Beldene » Sun Jun 22, 2014 9:18 pm

Estimating Mr. Knowitall<br />
<br />
Sorry, but attempting to claim that youare not driving a vehicle if youare ceased in traffic or in a stoplight isn't likely to encourage a lot more than the usual chuckle in the judge.<br />
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Thus... What is your stage? The toughest point the judge is going to do is discover the Boy responsible. Or, he is able to plead guilty. What is the distinction?<br />
I concur that several traffic judges may simply giggle. Nevertheless, that is since several traffic judges disregard the regulation. The mobile phone regulation was clearly created to avoid folks from being diverted while operating (i.e. Car in action). What risk is just a driver likely to give the general public if he replies a telephone while stopped in a red-light. The toughest thing he might do isn't proceed soon after the light turns green. I barely believe that may be the risk the legislature was attempting to guard the general public from. When the legislature did wish to prohibit mobile phone utilization at end lamps, it might have incorporated that vocabulary just like it did within the description of "driver". Nevertheless, the vocabulary wasn't incorporated, therefore it could be incorrect to merely suppose that is exactly what the intention of the legislature was.<br />
Once more... This can be a situation of regulations because it is published vs. regulations as individuals believe it will have now been written.
Beldene
 
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Cell Phone Citation With Excessive Fine

Postby Ferrill » Mon Jun 23, 2014 10:03 am

The point that provides insult to damage regarding Florida traffic penalties would be the "fee checks" they add on. Frequently, there are certainly a quantity of them including such things as cash to construct a brand new court-house, purchase red-light cameras, help an anti- DUI course, etc.<br />
When the whole good continues to be determined properly, I believe your likelihood of effectively protecting against it are slender. Incidentally, I Will guess you-can't look for a simple moving breach in Florida where the good could be significantly less than 1...probably actually nowhere near. They are targeting motorists having a retribution with no longer actually cheating that isn't the situation. It isn't special to Florida (based on many recently documented reports) but it'd appear that they are probably the most selfish. Their state is shattered of course if they can't-get cash one of the ways, they will have it another.<br />
P.S. Purchase your new-car nowadays...the Florida income tax rises another complete percentage-point tomorrow.
Ferrill
 
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Cell Phone Citation With Excessive Fine

Postby Daley » Mon Jun 23, 2014 2:49 pm

Estimating scbwimom<br />
<br />
Thanks for the feedback. Nevertheless wrestling with whether we ought to simply spend the good and contemplate it a costly training or attempt to combat it. The philosophical issue for me personally is the fact that to be able to obtain a test he's to beg "not liable", that will be not technically correct. I believe what galls me probably the most may be the quantity of the good, which appears extreme--greater than penalties for many real moving violations--and so abusive.<br />
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Sorry, but I disagree. Within this nation there's a presumption of purity. Consequently, a request of "not liable" is merely a reputation of this reality. <br />
Individually, I believe it's foolish to express keeping a mobile phone for your hearing is illegitimate, but shaving, consuming a burger, wearing lipstick, etc. is OK. Therefore, when the state really wants to be that nitpicky, then I'd return fire. From the black-letter of regulations, I do believe your boy ISN'T guilty.
Daley
 
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Cell Phone Citation With Excessive Fine

Postby Tirell » Wed Jun 25, 2014 1:28 pm

Sorry, but trying to argue that you're not driving a car if you're stopped in traffic or at a stop light is not going to inspire much more than a chuckle from the judge.
Tirell
 
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Cell Phone Citation With Excessive Fine

Postby Bardolph » Sat Jun 28, 2014 2:22 am

I believe boy must create a disagreement that it generally does not utilize at red lamps:<br />
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23123. (a) an individual shan't generate an automobile while using the a<br />
Instant phone until that phone is specifically made and<br />
Designed to permit hands free hearing and speaking, and it is utilized in<br />
that method while driving.<br />
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<br />
Although there's no description for "push" within the VC, there's this:<br />
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305. A "driver" is just a individual who pushes or is in bodily<br />
control of the vehicle.<br />
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This suggests that driving and being in bodily control of the automobile are two separate issues. <br />
The boy wasn't OPERATING... but he was in bodily control of the vehicle.
Bardolph
 
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Cell Phone Citation With Excessive Fine

Postby Brainard » Sun Jun 29, 2014 8:08 am

A number of your factors, in several of one's articles, are actually great...but you may not believe he is likely to be decided to not function as the driver simply because the vehicle wasn't shifting???<br />
If youare playing a pinball device, youare still enjoying...even when youare not pressing a flipper!!<br />
(I understand...Our analogies often impress even me!)
Brainard
 
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Cell Phone Citation With Excessive Fine

Postby Clarence » Mon Jun 30, 2014 11:14 am

The worst that can happen is that the judge tells him "No, son, pay the fine."

That is a pretty hefty fine.
I would fight it, personally.

(Do explain to your son, though, that the "no phoning and driving" law does apply to red light stops, too.)
Clarence
 
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Cell Phone Citation With Excessive Fine

Postby anthony89 » Thu Jul 10, 2014 12:45 am

Thanks for the feedback. Nevertheless wrestling with whether we ought to simply spend the good and contemplate it a costly training or attempt to combat it. The philosophical issue for me personally is the fact that to be able to obtain a test he's to beg "not liable", that will be not technically correct. I believe what galls me probably the most may be the quantity of the fine, which appears extreme--greater than penalties for many real moving violations--and so abusive.
anthony89
 
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