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amigo: Hey, don't give in... play the game!
If do you receive a ticket, I would imagine that it would have a generic offence stated, which means there is no detail on record of what you actually did, except use your mobile phone.
So now you've got a good interpretation of the law you can use it to your advantage.
Challenge the ticket, stating that you used the phone to terminate an incoming phone call, while you were stationary for a period of time, due to an accident blocking the road ahead.
Don't get smart and start quoting any act of subclauses, just leave it as that, as it will sound more innocent, and if they are going to prepare a court case against you, then they'll look up the law.
Unless they have any other specific evidence against you, they will most likely drop the case as it is not worth going to court over. If they did summons you to court, make sure you clear the history of your phone, so it can't be used against. In the vary unlikely case they did go so far as to obtain a log from the mobile provider, your defense could be that it must have been an alarm going off using the same ring tone as the incoming call, and you had honestly thought you were terminating an incoming call, which you knew was well within your rights to do so. :)
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Chainsaw: I can't believe the comments that say being held up by an accident is normal. i can't remember the last time I was held up by one! You people must live in weird places!
my phone (iPhone 5)
-Sam
this is a slap in the face!
tardtasticx: If they were, like I said earlier, we should be able to claim repairs from the manufacturer for free under the cga because wouldn't that mean he car is not fit for purpose in 'everyday traffic flow'?
tardtasticx:
Also, "should be drivers not knowing the rules" How do I not know the rules? If you read the whole thing, you would know that I was full aware of the rules around this law, its more interpretation of these rules that we've been talking about here.
Kyanar:tardtasticx:
Also, "should be drivers not knowing the rules" How do I not know the rules? If you read the whole thing, you would know that I was full aware of the rules around this law, its more interpretation of these rules that we've been talking about here.
You clearly weren't aware of the rules, because there is nothing to interpret! Either it was normal flow of traffic, in which case using your phone for anything is an offense, or it was not normal flow of traffic, in which case using your phone for anything bar calling is an offense.
You broke the law. There is no other way to interpret it. I would be right behind you if you were calling someone to say you're stuck in traffic at an accident and would be home late and the officer ticketed you, but that isn't the case. You text messaged (illegal) and you used your phone to take a photo (illegal).
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