Texting while Driving Fine

[Nick]

So.... got pulled over this morning. Officer said he saw me on my phone. I told him I was looking up the number for my optometrist to make an appointment, which was true ... i used the voice search on my phone but looked down to press the "voice search" button. Shame on me for using my phone, I guess.

He gives me a $100 citation which states on it "texting while driving".

Question: does a citation like this affect insurance rates, like a speeding ticket does?

 

[hammer]

If this is correct then this is not a surchargeable offense...

http://www.malegislature.gov/Laws/SessionLaws/Acts/2010/Chapter155

Of course, one interesting aspect of this law is that you cannot look at your phone to read a message but I don't see anything that does not allow you to look at your phone to access your address book.

You may be able to protest this one on those grounds...but keep in mind I'm not a lawyer and I didn't stay at a Holiday Inn Express last night.

 

[ctenidae]

To contest it, you'll probably have to give up your text records, to show there were no texts around the time of the ticket, and may need to, if possible, give out your search record (does it track that at all, I wonder?) to bolster your story.

Innocent until proven guilty, and if he says he saw you looking, and you prove ther were no texts, then that's a pretty good reasonable doubt. Of course, I also did not stay in a Holiday Inn Expres last night.

 

[Nick]

There were defnitely no texts. It's possible I was checking AlpineZone or the weather though as well :lol:

 

[Nick]

Although texting while driving in Massachusetts is considered a civil offense and not a moving violation, in some states, such as Connecticut, texting while driving is considered a moving violation and can result in increased insurance rates

http://blog.mmisi.com/2011/06/texting-while-driving-could-raise-your.html

Sounds like I might be OK. The $100 fine sucks but in MA if I decide to contest it it still costs $75 plus the time i have to go to court and blah blah blah. My main concern was / is am I going to get whacked with a huge insurance premium jump.

 

[Puck it]

My question is why we needed a separate f-ing law for it when there is a law called distracted driving. Use the law that exists!!!!!!!
The governemnt in this state has to be one of the worst in the country. Wait that is all governement. Carry on!!!

 

[Geoff]

There is no insurance surcharge. Personally, I'd just pay the $100 rather than deal with the Massachusetts traffic court system where you have to show up twice to get in front of a judge. That kills two mornings.

From the Boston Globe:
http://www.boston.com/news/local/ma...te_law_spells_it_out_no_texting_behind_wheel/

Q. What happens if the police stop me for texting while driving?

A. Violations will result in a $100 fine, and drivers under 18 will also have their licenses suspended for 60 days and be required to complete a safety course. The offenses will not be considered moving violations and will not result in insurance surcharges.

Here is a Worcester Telegram article about no surcharges for texting:
http://www.telegram.com/article/20100724/NEWS/7240348/1116

 

[Nick]

There is no insurance surcharge. Personally, I'd just pay the $100 rather than deal with the Massachusetts traffic court system where you have to show up twice to get in front of a judge. That kills two mornings.

From the Boston Globe:
http://www.boston.com/news/local/ma...te_law_spells_it_out_no_texting_behind_wheel/


Here is a Worcester Telegram article about no surcharges for texting:
http://www.telegram.com/article/20100724/NEWS/7240348/1116

OK Good. Thanks for the backup!

 

[wa-loaf]

http://blog.mmisi.com/2011/06/texting-while-driving-could-raise-your.html

Sounds like I might be OK. The $100 fine sucks but in MA if I decide to contest it it still costs $75 plus the time i have to go to court and blah blah blah. My main concern was / is am I going to get whacked with a huge insurance premium jump.

I think it's worth the initial $25 trip to the Magistrate. They have been pretty cool the few times I went. Even if they think you may be guilty they tend to reduce the fine and if you are lucky will just wipe the whole thing out. The next $50 to get to the Judge is only worth it if it's a big ticket or you think it will really cost you in insurance.

 

[ScottySkis]

In NY it matters if the police officer thinks you were distracted.

 

[Nick]

I think it's worth the initial $25 trip to the Magistrate. They have been pretty cool the few times I went. Even if they think you may be guilty they tend to reduce the fine and if you are lucky will just wipe the whole thing out. The next $50 to get to the Judge is only worth it if it's a big ticket or you think it will really cost you in insurance.

Yeah, the last time I went was probably six years ago or so and they wiped it out. That was before you had to pay the $25 to go to the magistrate.

 

[steamboat1]

Innocent until proven guilty

You can only plea guilty or not guilty. There is no such plea as innocent.

 

[Hawkshot99]

I got a cell phone ticket 2 falls ago in NY. Talking not texting if it matters, and got pints on my license. Insurence didnt go up though as my record was clean other than that.

 

[riverc0il]

There is no insurance surcharge. Personally, I'd just pay the $100 rather than deal with the Massachusetts traffic court system where you have to show up twice to get in front of a judge. That kills two mornings.

I'd rather kill two mornings and give my money to the judicial system than give a police department free money for a violation I didn't commit. Heck, I'd probably be willing to pay MORE than the ticket fine just on general principle. That SUCKS that you have to pay money to contest a violation that was given unfairly. That is a totally screwed up.

 

[ctenidae]

That SUCKS that you have to pay money to contest a violation that was given unfairly. That is a totally screwed up.

Yeah, kind of seems like a violation of due process. Kind of like charging a poll tax to vote.

 

[riverc0il]

I could understand paying court fees if you protested and lost, that would seem fair to me. That would reduce the quantity of frivolous protests that are just wasting the courts time because someone tries to get off because the cop doesn't show up.

 

[wa-loaf]

Yeah, kind of seems like a violation of due process. Kind of like charging a poll tax to vote.

I think this was challenged in court and held up.

I could understand paying court fees if you protested and lost, that would seem fair to me. That would reduce the quantity of frivolous protests that are just wasting the courts time because someone tries to get off because the cop doesn't show up.

Reducing the frivolous protests was the aim behind it, but then they said F-it lets keep all the money.

Having been in recently for a speeding ticket, if you have a clean record and are nice, the magistrate is likely to let you off. They deal with people being jerks all day and are happy to let someone off in the right circumstances.

 

[o3jeff]

You going to challenge it?

 

[Geoff]

Having been in recently for a speeding ticket, if you have a clean record and are nice, the magistrate is likely to let you off. They deal with people being jerks all day and are happy to let someone off in the right circumstances.

That's completely random and arbitrary depending on the magistrate. In my personal experience, you're more likely to run into some ancient curmudgeon on a power trip than somebody who actually cares to hear what you have to say. It's not like a traffic court magistrate has any qualifications beyond being politically connected to get appointed to that job. Once they're in, they're counting the days until their cushy state-paid retirement.

 

[wa-loaf]

That's completely random and arbitrary depending on the magistrate. In my personal experience, you're more likely to run into some ancient curmudgeon on a power trip than somebody who actually cares to hear what you have to say. It's not like a traffic court magistrate has any qualifications beyond being politically connected to get appointed to that job. Once they're in, they're counting the days until their cushy state-paid retirement.

I can only go by my own experience. Did it 10+ years ago (before you had to pay) and got the ticket greatly reduced and again 2 years ago and had the ticket wiped out.