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Gerald, Esq
Gerald, Esq, Lawyer
Category: Traffic Law
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Experience:  30 years of experience
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I recently got a ticket in the state of Oregon a

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I recently got a ticket in the state of Oregon for taking a picture of a police officer's license plate (at a stop light) because he was driving 20mph over the speed limit with no lights or siren on. He says he was responding to a call, but he was speeding for several miles, and also tailgating. He decided to pull me over and cite me for cellphone use and careless driving after stating that I did not have both hands on the wheel at the time. I drive a stick shift year 2000 Mercury cougar. Would I be able to win a traffic case against him?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Gerald, Esq replied 1 year ago.
Hello,
Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.
I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.
Odd that he had time to pull you over when he was supposed to be responding to a call.
You may be able to beat this ticket because you were not using the cell phone as a communication device. Oregon law prohibits texting and use of handheld cell phones for all drivers with the exception of police, emergency responders and drivers in emergency situations.
Specifically, Oregon law bans the use of a “mobile communication device” while driving. This device is defined as a text messaging device or a wireless, two-way communication device designed to receive and transmit voice or text communication.
You were not using the phone as a communication device so the citation is incorrect. There is no specific law prohibiting your action. Therefore the citation is likely invalid. Unfortunately, I am not aware of any cases addressing this specific issue, but the argument is sound. It is axiomatic that penal statutes must be specific.
Here is a link to the law:
http://www.oregonlaws.org/ors/811.507
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Good luck,
Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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