Just recivied a ticket for using my cell phone in Texas

I have only gone to court for 3 tickets since I have had my CDL (involved in accidents not my fault). I have had 8 tickets dropped after sending a few emails to the DA (BS charges that would never stick). 3 I got my lawyer involved in and charges down graded and paid without court. I had 2 I pushed for a speedy jury trail and the DA dropped charges because of the cost of involved in the trail.

 

Interesting to note that music headphones are illegal, while driving deaf is legal.

 

This is why the justice system is now just-a-system.

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First things first, are you an interstate carrier or an intrastate carrier? If you are intrastate, the FMCSA regulations have no jurisdiction unless you were hauling hazmat. So what does Texas state law say about phone usage in CMV's? I'm not finding anything other than bus drivers prohibited from using their phones when they have a passenger under age 17 on board or for teenagers not supposed to use their phones in their first 12 months of having a license. Other than that, I'm just not seeing anything stating that it is against Texas law.

So, if you have interstate authority, they could write you up for violating the FMCSA regulations. If not, you ought to be able to beat this ticket easy enough as the FMCSA regs do not apply to you and Texas has no state law prohibiting it.

Of course your BEST bet is to consult an attorney. My research was done in about 10 minutes with a few quick internet searches, and since it isn't my butt on the line, that's about as much research I care to do on the matter.

 

WOW!!!!!!!!!!!!!!!!!now that's a costly mistake.I heard it's also against the law to drink any kind of liquid while driving in TX.

 

Just a thought for everyone here.

You are quoting the FMCSA rules on this.

Driving a dump truck, he is most likely local and would be subject to state laws.

Never mind, Pedigree Bulldog beat me.

 

That sounds very reasonable but the truth and the law wont allow that to be possible.First because Calling the police while your driving is not justified, plus when the officers dash cam turns on at 1:00 and you make a report at 1:01 also see your last call ended at 1:00 See where this is going

 

Whats funny is holding the phone isnt distracting,the conversation is but if you have hands free your legal makes no sense but then again alot of these rules dont.I think its all about the cash and not about safety,anyway wish you the best.

 

Lol why did you guys revive a totally dead thread?