Can you get a citation for having a car in a parking stall
while engine is idling while on a cell phone while getting help? My car was having mechanical issues. I pulled
into a parking stall, left it running because I didn't think it would start
again and called for assistance from my friends. The officer gave me a ticket
stating that I was violating the law by using my cell phone to get help.
Jay’s Answer (Atty. with 40 years’ experience and offices in
both Kenosha & Janesville, WI)
Of course, a better question than "Can I get a
citation, . . " is the related question of " But can they prove
it?" If the judge agrees with your version of the facts after trial and no
statute makes that conduct illegal, it will be dismissed. Get a lawyer,
however, if you are serious about challenging it, and please give the lawyer
more information than you've given us here. Particularly, we would need to
first know what you were charged with , and under which particular law (i.e., state,
federal or municipal), since there are at least a dozen different scenarios
which might have preceded what you told us about, any of which you could have
been cited for, and each of those presenting different defense opportunities..
Either way, good luck with this defense!
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