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  • Answered by:lucy7368
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Customer Question

I was pulled over for texting in a school zone, yet I was not, I was cleaning a mirror. What are the police regulations to verify someone is texting...

Submitted: 291 days and 17 hours ago.
Category: Traffic Law
Value: $28
Status: CLOSED

Accepted Answer

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Expert:  lucy7368 replied 291 days and 16 hours ago.

Hi,

My name is XXXXX XXXXX X'd be happy to answer your questions today. I'm sorry to hear that this happened.

We have recently implemented a new payment and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not whether the answer supports your legal position. If you have any questions at all, or there is anything I can clarify for you, please bypass the rating system and click “Continue the Conversation” or "Reply". Choosing either of the lowest two options reflects poorly on me (and not the law), so please reply to me if there is anything I can do to help before choosing those options. I appreciate your patience while we work out the kinks.

The police officer can pull someone over for texting while driving if, based on his training and experience, it appears that a person is texting. That means looking down, obviously playing with something in the driver's lap. Most people who drive a lot these days can tell when someone is texting - and police officers are no different. You do have the option of disputing the ticket. You can bring your phone records to show that no text was sent or received at the relevant time, and you can testify that you were cleaning the mirror. You can even bring the mirror with you to show that , if you were holding it in your lap, it could look like a cell phone.

Just be aware that the judge would have the ability to change the citation from "texting while driving" to "inattentive driving," since that is also a citable offense. If the car was in motion at the time, then inattentive driving would probably apply.

If you have any questions at all about what I've written, please click "continue conversation" or reply so that I may address them. It's important to me that you are 100% satisfied with the service I have provided you. Thank you, XXXXX XXXXX luck.

Expert TypeLawyer
Category: Traffic Law
Pos. Feedback: 96.8 %
Accepts: 471
Answered: 7/10/2012

Experience: Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.

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