Tuesday, September 1, 2020

Cell Phone Use While Driving Citation in a Legally Parked Car

 https://www.avvo.com/legal-answers/authorized/-can-you-get-a-citation-for-having-a-car-in-a-park-4970221.html#answer_10102797

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!

No comments: