# Texting while Driving Fine



## Nick (Apr 1, 2013)

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?


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## hammer (Apr 1, 2013)

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.


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## ctenidae (Apr 1, 2013)

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.


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## Nick (Apr 1, 2013)

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


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## Nick (Apr 1, 2013)

> 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.


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## Puck it (Apr 1, 2013)

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!!!


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## Geoff (Apr 1, 2013)

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


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## Nick (Apr 1, 2013)

Geoff said:


> 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/
> ...



OK Good. Thanks for the backup!


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## wa-loaf (Apr 1, 2013)

Nick said:


> 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.


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## ScottySkis (Apr 1, 2013)

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


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## Nick (Apr 1, 2013)

wa-loaf said:


> 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.


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## steamboat1 (Apr 1, 2013)

ctenidae said:


> Innocent until proven guilty



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


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## Hawkshot99 (Apr 1, 2013)

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.


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## riverc0il (Apr 1, 2013)

Geoff said:


> 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.


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## ctenidae (Apr 1, 2013)

riverc0il said:


> 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.


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## riverc0il (Apr 1, 2013)

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.


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## wa-loaf (Apr 1, 2013)

ctenidae said:


> 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. 



riverc0il said:


> 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.


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## o3jeff (Apr 2, 2013)

You going to challenge it?


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## Geoff (Apr 2, 2013)

wa-loaf said:


> 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.


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## wa-loaf (Apr 2, 2013)

Geoff said:


> 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.


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## andyzee (Apr 3, 2013)

I wanna know when serve and protect turned into stop and collect.


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## deadheadskier (Apr 3, 2013)

andyzee said:


> I wanna know when serve and protect turned into stop and collect.



There's a reason it's called the "Commonwealth" of Massachusetts.


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## andyzee (Apr 3, 2013)

deadheadskier said:


> There's a reason it's called the "Commonwealth" of Massachusetts.




Are you saying its a communist state?


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## ScottySkis (Apr 3, 2013)

andyzee said:


> I wanna know when serve and protect turned into stop and collect.



+1 in NY we have a million speed traps and it ridiculous.


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## darent (Apr 5, 2013)

andyzee said:


> Are you saying its a communist state?



no ,it is a collection state. It is all about the money!! fees,fines,licenses,permits,stickers,on and on


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## ScottySkis (Apr 5, 2013)

darent said:


> no ,it is a collection state. It is all about the money!! fees,fines,licenses,permits,stickers,on and on



So is NY, I just paid 100$ to resister because I moved out of NYC they said they price went up.


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## marcski (Apr 6, 2013)

So you have to pay for justice in MA?  Somehow that doesn't seem right.


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## Nick (Apr 6, 2013)

o3jeff said:


> You going to challenge it?



Yeah figured I'd give it a shot. Sent in my hearing request yesterday


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## Nick (Apr 6, 2013)

deadheadskier said:


> There's a reason it's called the "Commonwealth" of Massachusetts.



It is ridiculous. I own four businesses - two llc and two s-corp - and they each cost around $500 per year to keep registered in MA. The next most expensive state used to be 190$. Not sure if that is still the case today. Fees are crazy.


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## andyzee (Apr 6, 2013)

Nick said:


> Yeah figured I'd give it a shot. Sent in my hearing request yesterday



Good luck


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## Cannonball (Apr 9, 2013)

This thread is a downer.  Based on the title I thought you revealing new research that shows: Texting While Driving Fine.  Made me feel better about how often I do it.


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## bigbog (Apr 10, 2013)

Fwiw...it IS so profit-making oriented..
First time = Warning...No ticket and No Insurance Company Hit, second time = loss of license for ~10 years...with vehicle(s) sold @auction of time-limited choice.  No time clipped for discovering religion..etc.
Let the joint-smokers-only out asap..and while this society keeps whining about loss of construction jobs....build some more friggin prisons = immediate jobs for those let out of prison.
$.01


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## ScottySkis (Apr 10, 2013)

bigbog said:


> Fwiw...it IS so profit-making oriented..
> First time = Warning...No ticket and No Insurance Company Hit, second time = loss of license for ~10 years...with vehicle(s) sold @auction of time-limited choice.  No time clipped for discovering religion..etc.
> Let the joint-smokers-only out asap..and while this society keeps whining about loss of construction jobs....build some more friggin prisons = immediate jobs for those let out of prison.
> $.01


In NY we have lots of prisons to many.


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## MadMadWorld (Apr 10, 2013)

Nick said:


> It is ridiculous. I own four businesses - two llc and two s-corp - and they each cost around $500 per year to keep registered in MA. The next most expensive state used to be 190$. Not sure if that is still the case today. Fees are crazy.



They had something on the news the other day that MA ranked around 40th for how small business friendly they are. Whatever that means....


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## Geoff (Feb 4, 2014)

harryB said:


> Distracted driving in general is dangerous, but studies cited by the AJC indicate that texting while driving in particular causes 1.6 million accidents per year, more than 500,000 injuries and 6,000 deaths nationwide. The practice is unsafe and a real monster. Most states have texting while driving laws which stop it, but the DOT has thrown $550,000 toward researching whether such regulations have an impact. Article source: Texting while driving legislation.<EDIT>SPAM link replaced</EDIT>



A hidden link to "cardealexpert.com" phishing for click-thrus?   Nice spam. 

I like that Waze automatically goes to "night mode" with a black background when it's dark.   Less chance of getting busted by a revenue-hungry cop who sees the telltale glow of a smartphone.   I always have that social networking/mapping application open when I'm driving because it's so good at spotting speed traps.  I *always* report them to Waze when I see them.

When I'm driving I always have both Waze and Google Maps open with Google Maps set to show traffic.   I wish somebody would sell a heads-up display that pushed my smartphone to the windshield.


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## ctenidae (Feb 4, 2014)

Geoff said:


> I wish somebody would sell a heads-up display that pushed my smartphone to the windshield.



This. On my way to drop my son off at school, woman coming the other way was all in my lane, looking down in her lap, clearly texting. If it were on her windshield, or even if she held the phone up on the steering wheel, at least she'd have had some peripheral awareness of what she was doing. 

Of course, the better solution is DON'T TEXT AND DRIVE. You're not that important, but the person you crash into/run off the road/ run over might be.

I can't decide if I should enact my "Yeah, I'm honking at you" program, and start laying on the horn every time I see someone texting, or talking on the phone (by the way, holding the speakerphone in front of your face is not "hands free"). I'm just afraid that I'll startle people so badly they'll do something even more stupid.


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## Nick (Feb 4, 2014)

Cannonball said:


> This thread is a downer.  Based on the title I thought you revealing new research that shows: Texting While Driving Fine.  Made me feel better about how often I do it.



Lol. Im occasionally guilty myself and I know I shouldn't do it.

Sent from my SCH-I545 using AlpineZone mobile app


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## MadMadWorld (Feb 4, 2014)

There's so many advancements in voice technology,  I can't understand why people text and drive. Siri is your friend.


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## bigbog (Feb 4, 2014)

The texting-thing really makes just standing in back of one's vehicle, _Wherever_, something to think about...


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## Nick (Feb 4, 2014)

MadMadWorld said:


> There's so many advancements in voice technology,  I can't understand why people text and drive. Siri is your friend.



I do actually use that quite a bit. Android's is very adept also for the most part.


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## Hawkshot99 (Feb 4, 2014)

MadMadWorld said:


> There's so many advancements in voice technology,  I can't understand why people text and drive. Siri is your friend.



 legally speaking. Am I allowed to use voice to text to send a text message while driving down the road? if I am using my hands free device, wouldn't that be the same as making a phone call with my hands free device?

Sent from my SGH-S959G using Tapatalk 2


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## MadMadWorld (Feb 4, 2014)

Hawkshot99 said:


> legally speaking. Am I allowed to use voice to text to send a text message while driving down the road? if I am using my hands free device, wouldn't that be the same as making a phone call with my hands free device?
> 
> Sent from my SGH-S959G using Tapatalk 2



I work in digital forensic investigation but I can tell you that police officers under Massachusetts law are allowed to cite drivers for anything they consider "distracted driving". And they are definitely strictly enforcing this lately because of a big uptick in accidents related to this problem. That means if you're swerving in and out of lanes, slamming on your brakes, etc and the officer sees you talking on the phone or eating food you will get a ticket just as much as if you were caught texting.


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## dlague (Feb 4, 2014)

I would fight it!  You were not texting and you were trying to access a button for voice commands.  Based on this logic don't touch that radio!  Don't look down to grab your coffee!


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## Abubob (Feb 4, 2014)

Has anyone tried hands free with bluetooth?


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## MadMadWorld (Feb 4, 2014)

dlague said:


> I would fight it!  You were not texting and you were trying to access a button for voice commands.  Based on this logic don't touch that radio!  Don't look down to grab your coffee!



A lot of people do and win. It's much more subjective than say a LIDAR reading. You won't receive a citation for any of the stuff you mentioned unless you acting like a moron and endangering the lives of others.


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## hammer (Feb 4, 2014)

Abubob said:


> Has anyone tried hands free with bluetooth?


For what?  Many newer cars have it for voice, our Jeep claims to support SMS text but it doesn't for our phone models.


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## MadMadWorld (Feb 4, 2014)

hammer said:


> For what?  Many newer cars have it for voice, our Jeep claims to support SMS text but it doesn't for our phone models.



Hmm that sucks. Mine works great with my Android phone.


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## ctenidae (Feb 4, 2014)

Abubob said:


> Has anyone tried hands free with bluetooth?



Bluetooth in the car is great, though I still hate talking while in the car. My car will read messages too, though it's much better suited to texts than it is to emails. I don't get many texts, though, so the utility is limited. Kind of annoying when it reads the header info or signature block from an email. It takes a long time to get through phone numbers. Eight million, six hundred and seventy five thousand, three hundred and nine takes a long time to say.


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## mlctvt (Feb 4, 2014)

I have an older car without integrated Bluetooth so I bought a Kinivo BTC450 $39 on Amazon. http://www.amazon.com/gp/product/B009NLTW60/ref=oh_details_o00_s00_i01?ie=UTF8&psc=1

It works great if you have an AUX input in your car. Press the large button then issue voice commands . Works flawlessly with my android MotoX 

The buttons on the side work for skipping to the next song in Pandora or Slacker. The mic is clear too. I’m going to buy a few more of these for my other cars since they are all older cars without integrated Bluetooth


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## snoseek (Feb 4, 2014)

I guess I'm the minority here saying that fucking with your phone or whatever while driving is selfish and irresponsible....just as bad as driving drunk imo. You're not that important, get over yourself. Sorry, harsh, pisses me off BAD


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## Abubob (Feb 4, 2014)

snoseek said:


> I guess I'm the minority here saying that fucking with your phone or whatever while driving is selfish and irresponsible....just as bad as driving drunk imo. You're not that important, get over yourself. Sorry, harsh, pisses me off BAD



No need to apologize. I think you're right. Even hands free means some distraction. I have, however, no problem answering a phone while driving. It's no more difficult than putting clip-on shades on my glasses. I can't swing thing dialing a number (no voice activation on my tracphone) I have to look too much so I end up pulling over to dial. If I upgrade my phone to work with Bluetooth then all I have to do to answer my phone while driving is press a bottom on the steering wheel. I don't know how dialing is going to work. I may still have to pull over.


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## mlctvt (Feb 5, 2014)

snoseek said:


> I guess I'm the minority here saying that fucking with your phone or whatever while driving is selfish and irresponsible....just as bad as driving drunk imo. You're not that important, get over yourself. Sorry, harsh, pisses me off BAD



I agree with you 100%. Texting while driving is as dangerous or more dangerous than driving drunk. Several studies have shown this. Even having another person in the car effects driver attention to some degree which is why many states do not allow beginning drivers to carry passengers. And yes Abubob I agree even hands free is distracting since you're talking to someone your attention isn't 100% on the road in front of you but at least you can keep your eyes on the road. I never make calls from the car but I will answer using a hands free device. 

Driving in this country is not taken seriously and it's definately getting worse. It all started when they put cupholders in the cars and people started eating in cars. Automatic transmissions allow a free hand to do all kinds of things when driving which was more difficult when you had to shift. 
In the US you can run over a pedestrian or cyclist and nothing happens, maybe a slap on the wrist.

I'm for a more serious driver education progam plus more actual driving instruction prior to licensing. Perhaps like Germany's program. Of course here in the US we can't have that. The cost are too high , many couldn't afford it, ot takes too long BS BS BS.  Does anyone know anybody who was ever failed to get a license? The tests are a joke as is the drivers exam. 

Ok I'm done venting for now......


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## steamboat1 (Feb 5, 2014)

It seems like every time I'm stopped for a red light I have to beep the guy in front of me to go when the light turns green because they're busy texting. It gets annoying after awhile.


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## Nick (Feb 5, 2014)

Nick said:


> Yeah figured I'd give it a shot. Sent in my hearing request yesterday



So, I sent in the hearing request on April 5th, 2013. 

As of now, I still haven't received a hearing date. Should I be worried?


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## Nick (Feb 5, 2014)

snoseek said:


> I guess I'm the minority here saying that fucking with your phone or whatever while driving is selfish and irresponsible....just as bad as driving drunk imo. You're not that important, get over yourself. Sorry, harsh, pisses me off BAD



I think it's totally fair and correct. 


I do think texting specific laws shouldn't be in place. I think they should simplify the law and just have a law that prevents distracted driving. I don't care if it's texting, watching a movie, or doing your makeup in the car, if you attention isn't on the road it's all the same issue.


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## MadMadWorld (Feb 5, 2014)

Nick said:


> I think it's totally fair and correct.
> 
> 
> I do think texting specific laws shouldn't be in place. I think they should simplify the law and just have a law that prevents distracted driving. I don't care if it's texting, watching a movie, or doing your makeup in the car, if you attention isn't on the road it's all the same issue.



It is a law.


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## Nick (Feb 5, 2014)

Yeah so why duplicate with a texting specific law

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