Getting a ticket while holding you're cell phone in right hand driving a cmv

LAWYER...

 

Not that it helps now...but I have a Max Mount cellphone holder on my dash and I never have to touch my phone..not even to plug it in. May help in the future to getcha one.

 

Seriously, I think a few executions will be required before people get a clue that, using the phone while driving, is the biggest mistake you can make out here.

 

And then y'all wonder why more and more companies are installing driver-facing cameras. You will be terminated if caught red-handed.

 

The first question is:

Did you get cited under Texas statute or US FMCSR?

Texas: "Fines range from $200 to $500."
US FMCSR: "The rule imposes sanctions for driver offenses, including civil penalties up to $2,750 and driver disqualification for multiple offenses."

The second question is:

Why haven't you talked to an attorney about this yet?

 

The Texas state wide cell phone law does not go into effect until Sept 1, 2017. However, there are now local jurisdiction laws that are in effect. The state wide law was passed to bring all the local laws into equal compliance. Depending where the citation was issued, the first offense fine could be anywhere from $50-$500. It is my understanding that unless there was a DOT inspection done at the same time the FMCSA guidelines do not apply.And those fines listed are the maximum fines that may be levied.
But i would get a local attorney involved, to get it changed to a non-moving seat belt type ticket. The fine will be the same, but the violation won't show on your Driver's license abstract.

 

I know that in NY ANY police officer can write a ticket charging a violation of FMCSR. You just cite the authorizing NYS statute and reference the rule you are citing.

The two things you have to remember are:

1) The vast majority of officers who are not DOT couldn't figure out how to do that if their lives depended on it. And,

2) That non-DOT trained officer CANNOT do an inspection on your truck. But he can cite you for log book, lights, tires, basically anything he can observe about the vehicle or you that is in violation.

What the above means is you will likely get a ticket for a violation of the state vehicle and traffic law not FMCSR from regular cops. Unless, of course, you really annoy him and he calls for a DOT trained guy to ruin your day...

 

Texting is illegal not Bluetooth phone calling. My buddy in Cali brought his phone records from his cell phone carrier to court they dropped the ticket. He said he was toggling music and the Highway patrol said he was texting.

 

No, it's not really. It's using a handheld electronic device. I "text" while driving sometimes. I press the button on my headset and wait for the little ding. The following happens:
Me: Text [wife]
Phone: Texting [wife]
Me: It's nice out today, you might want to open the house.
Phone: It's nice out today, you might want to open the house.. Send or cancel?.
Me: Send

So that way it's no worse than calling. NO looking at the phone, no touching the phone, etc. And the good thing is, because I only press one button on the headset it's 100% legal.

 

"HERE", any use of a hand held electronic device is illegal.....in actual fact the law is a little more detailed but cell phone, Ipod, laptop, calculator....