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I recently got a ticket in the state of Oregon a

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I recently got a ticket...
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: 3 years ago.Category: Traffic Law
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Answered in 1 hour by:
5/28/2015
Traffic Lawyer: Gerald, Esq, Lawyer replied 3 years ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Traffic Law
Satisfied Customers: 5,455
Experience: Over 30 years of experience
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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
I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.
I hope the information I have provided is useful to you and that I have earned a positive rating from you. It costs you nothing extra, and is the only way I get credit for my attempt to assist you.
If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.
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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