Legal Question in Traffic Law in District of Columbia

I got pulled over today for simply having my phone in my hand and got issued a $100 ticket! I specifically asked the officer if the law states that we can't have a cell phone in out hand while driving? and he said yes... I was not dialing, or talking on the phone, it was just in my hand and he pulled me over.


Asked on 8/20/09, 2:33 pm

3 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

So, go to court to contest the charge.

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Answered on 8/25/09, 3:58 pm
Jason Cleckner Law Office of Jason Cleckner, LLC

You should definitely contest this ticket, because you were not "us[ing]" the phone. Also, if you were hitting [send] or [end], you are specifically exempted from violation (See below). The statute reads as follows:

� 50-1731.04. Restricted use of mobile telephone and other electronic devices.

(a) No person shall use a mobile telephone or other electronic device while operating a moving motor vehicle in the District of Columbia unless the telephone or device is equipped with a hands-free accessory.

(b) The provisions of this section shall not apply to the following:

(1) Emergency use of a mobile telephone, including calls to 911 or 311, a hospital, an ambulance service provider, a fire department, a law enforcement agency, or a first-aid squad;

(2) Use of a mobile telephone by law enforcement and emergency personnel or by a driver of an authorized emergency vehicle, acting within the scope of official duties; or

(3) Initiating or terminating a telephone call, or turning the telephone on or off.

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Answered on 8/25/09, 7:06 pm
Paula McGill Paula McGill Attorney at Law

If you weren't making the call, you may be half way there. Show a detailed bill of your cell phone record for that day. The ticket should have the time of day the police pulled you over. If no cell phone calls were made or received during that time, you may be able to win your case.

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Answered on 8/25/09, 7:45 pm


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