# Ticket for touching my phone to start navigation to my rider



## Diamondgirl (Oct 23, 2019)

Has anyone experienced this? I got pulled over and ticketed for just touching my phone to start the nav to my rider. The police officer wouldn’t listen to my explanation. It is illegal in Austin to even touch your phone while moving. How do y’all deal with this? I got a $220 ticket!!!


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## RideshareUSA (Feb 7, 2019)

Diamondgirl said:


> Has anyone experienced this? I got pulled over and ticketed for just touching my phone to start the nav to my rider. The police officer wouldn't listen to my explanation. It is illegal in Austin to even touch your phone while moving. How do y'all deal with this? I got a $220 ticket!!!


Simple, lawyer up!
Sucks, but it's your best option.


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## Cold Fusion (Aug 28, 2019)

Diamondgirl said:


> Has anyone experienced this? I got pulled over and ticketed for just touching my phone to start the nav to my rider. The police officer wouldn't listen to my explanation. It is illegal in Austin to even touch your phone while moving. How do y'all deal with this? I got a $220 ticket!!!


https://www.austintexas.gov/handsfree
*Austin is a hands-free city*
A new City of Austin ordinance prohibits the use of all electronic hand-held devices while operating a vehicle or bicycle.

To avoid fines up to $500, put your phone away or consider using a hands-free system such as Bluetooth or headphones, or an affixed GPS system.

The Austin City Council adopted Ordinance No. 20140828-041 amending section 12-1-34 of the City Code to prohibit the use of portable electronic devices while operating a motor vehicle or bicycle. *This law goes into effect Jan. 1, 2015.*

Austin is leading the state of Texas in the effort to refocus drivers on the task of driving. The hands-free initiative aims to increase safety by decreasing distracted driving in Austin.

Distracted driving is any activity that could divert a person's attention away from the primary task of driving and all distractions endanger driver, passenger, and bystander safety.


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## O-Side Uber (Jul 26, 2017)

Find that trip, take a screenshot and print it out as evidence with the time and date . Plead not guilty . I’m assuming you had the phone on a hands fee mount. 

I heard a judge mention recently (in Cali ) that the cell phone law language is ambiguous and can be challenged . You weren’t “texting”. You were starting an Uber trip . 

Submit the trip into evidence at the trial . Might work


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## Diamondgirl (Oct 23, 2019)

RideshareUSA said:


> Simple, lawyer up!
> Sucks, but it's your best option.


Oh I'll be fighting it for sure. The officer even suggested I should. I was more curious how other people avoid this issue while driving. But thanks.


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## KK2929 (Feb 9, 2017)

A lawyer will cost you more then $220. Maybe position your phone so if you touch it, a cop cannot see what you are doing. 
Get in the habit of watching for the police. It will be to your benefit.
If you go to court, let us know how you do.


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## GammaRayBurst (Jan 20, 2018)

Slowly but surely California is leaking into Austin


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## delornick94 (Aug 7, 2017)

Next time. Use your nose


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## Dekero (Sep 24, 2019)

I have my phone's gooseneck mount adjusted so my phone is below the dashline and cannot been seen thru the rear window in a driving situation. Cops are looking for a reason to pull us over... This was his...

I don't think you need a lawyer. 

I do think you need the pics of that ride.
Pics of the apps ride start click button screen.
And proof your an Uber driver
And pictures of your cellphone In it's dashmount like it was when stopped. 

And then armed with all that you need to plead not guilty. Argue (nicely and respectfully) your case explaining that you respect the phone law by having a mount and that you have done your due diligence to honor that law. And after all that explain that the officer chose to write you a ticket regardless of you being in compliance for pressing start on a ride request and that doing so is no different than pressing to change a radio station. And is in no way distracting or interfering with reg driving. 

After all that if the judge still finds you guilty pay up because your working with a corrupt system that doesn't care it's just about making money..however any reasonable judge should see that you are in fact serious about what you do and that you were falsly targeted.

Good luck!!


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## Diamondgirl (Oct 23, 2019)

O-Side Uber said:


> Find that trip, take a screenshot and print it out as evidence with the time and date . Plead not guilty . I'm assuming you had the phone on a hands fee mount.
> 
> I heard a judge mention recently (in Cali ) that the cell phone law language is ambiguous and can be challenged . You weren't "texting". You were starting an Uber trip .
> 
> Submit the trip into evidence at the trial . Might work


Thank you. I took a screen shot. Yes I did have it in a hands free mount. I merely tapped the navigation arrow and I guess the cop saw me. I didn't know THAT was against the law! You can't even touch your phone in any way. Not sure how we're supposed to do our job...smh.


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## Sold My Soul For Stars (Dec 26, 2017)

Put the phone somewhere where the police can't see it or start the trip after the passenger gets in but before you start driving?


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## Roadmasta (Aug 4, 2017)

Bring copies of trip details to court. It should get tossed but you never know.


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## Diamondgirl (Oct 23, 2019)

Dekero said:


> I have my phone's gooseneck mount adjusted so my phone is below the dashline and cannot been seen thru the rear window in a driving situation. Cops are looking for a reason to pull us over... This was his...
> 
> I don't think you need a lawyer.
> 
> ...


I do have a gooseneck mount. The cop even acknowledged that I have the best set up. Lol but still wouldn't just write me a warning. Austin cops are asshats. I will do all that when I go to court. Thank you! Great advise.


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## tohunt4me (Nov 23, 2015)

Diamondgirl said:


> Has anyone experienced this? I got pulled over and ticketed for just touching my phone to start the nav to my rider. The police officer wouldn't listen to my explanation. It is illegal in Austin to even touch your phone while moving. How do y'all deal with this? I got a $220 ticket!!!


Just wait till they need that Christmas Quota Bonus !


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## OG ant (Oct 11, 2019)

Diamondgirl said:


> Has anyone experienced this? I got pulled over and ticketed for just touching my phone to start the nav to my rider. The police officer wouldn't listen to my explanation. It is illegal in Austin to even touch your phone while moving. How do y'all deal with this? I got a $220 ticket!!!


I highly doubt you were "starting your navigation" you were probably touching fishing for info or some other stuff. Tint your windows and always be aware of you surrounding.


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## ntcindetroit (Mar 23, 2017)

I used to get a lot of warning when doing lieft for touching the phone while the car was stopped. I got permanently deactivated for writing back to tell them if they don't want driver touch the start button, then make the rider to start. My Idea is my intellectual property and all US ridershare companies are not to use my idea w/o proper license agreement while I campaign all law enforcement agencies to crack down illegal or improper touch of a piece of dead glass. Waring: Patent application pending globally.


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## Demon (Dec 6, 2014)

Diamondgirl said:


> Has anyone experienced this? I got pulled over and ticketed for just touching my phone to start the nav to my rider. The police officer wouldn't listen to my explanation. It is illegal in Austin to even touch your phone while moving. How do y'all deal with this? I got a $220 ticket!!!


You broke the law, pay the fine.


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## Lovelife (May 16, 2019)

Diamondgirl said:


> Has anyone experienced this? I got pulled over and ticketed for just touching my phone to start the nav to my rider. The police officer wouldn't listen to my explanation. It is illegal in Austin to even touch your phone while moving. How do y'all deal with this? I got a $220 ticket!!!


Unfortunately in NJ is the same way. You only have 2 options. Pay the ticket or get a lawyer. If you get points for it then definitely get a lawyer.


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## njn (Jan 23, 2016)

shouldn't you start the trip when stopped and picking up pax?


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## TheDevilisaParttimer (Jan 2, 2019)

tohunt4me said:


> Just wait till they need that Christmas Quota Bonus !


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## itsablackmarket (May 12, 2015)

Liberalism is a mental disorder.


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## reg barclay (Nov 3, 2015)

I know it's inconvenient. But if that's the law there, then probably the only sure way to avoid a ticket is to do all that stuff while pulled over.


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## SurgeMasterMN (Sep 10, 2016)

TheDevilisaParttimer said:


> View attachment 369689


Exactly... go fight it he won't show up u win easy as that. He said to fight it also.


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## peteyvavs (Nov 18, 2015)

Diamondgirl said:


> Has anyone experienced this? I got pulled over and ticketed for just touching my phone to start the nav to my rider. The police officer wouldn't listen to my explanation. It is illegal in Austin to even touch your phone while moving. How do y'all deal with this? I got a $220 ticket!!!


Read the statue on use of cell while driving, you can use the cell phone for navigation.



itsablackmarket said:


> Liberalism is a mental disorder.


Of course it's a mental disorder, we are constantly cleaning up the messes left behind by right wing lunatics


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## R3drang3r (Feb 16, 2019)

Diamondgirl said:


> Has anyone experienced this? I got pulled over and ticketed for just touching my phone to start the nav to my rider. The police officer wouldn't listen to my explanation. It is illegal in Austin to even touch your phone while moving. How do y'all deal with this? I got a $220 ticket!!!


What's the difference between touching the screen of your phone or touching your LCD on the dash of your vehicle?


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## Wolfgang Faust (Aug 2, 2018)

GammaRayBurst said:


> Slowly but surely California is leaking into Austin


Austin sucks, has a bad case of Blue Flu.


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## Cold Fusion (Aug 28, 2019)

KK2929 said:


> A lawyer will cost you more then $220.


Stop with the responsible Adult Logic ‼

This is a forum where folks come for Legal, Financial and Investment Advise from
Entry level transportation third party Drivers✔


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## reg barclay (Nov 3, 2015)

KK2929 said:


> A lawyer will cost you more then $220.


That may be correct. But IMO the main reason to get a lawyer is usually to help avoid points (which could affect work, insurance, etc) rather than the ticket payment itself. It really depends on the gravity of the ticket, the driver's circumstances, and their past record, as to whether a lawyer is worth it or not.


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## ntcindetroit (Mar 23, 2017)

Tell the cop and judge, you did not touch your phone, cause you dump your phone in trash can or what is a phone(bring in an old ATT phone to educate the judge and cop). You were merely trying to control the direction of you moving vehicle to maintain its direction. Ask the court what is phone defined. If you did touch an attachment on the instrument panel, it's for control your vehicle. A phone must have microphone and speaker. Can you call a touch sensitive glass a phone with nobody to call?


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## njn (Jan 23, 2016)

did you touch your phone or screen protector? who knew you could get a ticket for touching a screen protector?


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## VanGuy (Feb 15, 2019)

I have a feeling that kind of policing will be here as well.


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## Coastal_Cruiser (Oct 1, 2018)

I know this goes against the grain of this thread, but after driving U/L these past few years and seeing the danger posed by the folks who like to text while driving, combined with the "slippery slope" effect of any law that allows even minimum interaction with the phone, it seems the only solution to negate the problem is a total ban on physical interaction with the phone.

Which begs the question, how can we control our driving apps strictly by voice? I joined this forum specifically to pose that question, but did not get much of a response. There are apps that allow the blind to fully control their phones by voice command. I mean, we have the technology.

Yoo hoo.... Uber and Lyft... all that happy talk you put forth about safety... how about doing something truly useful for a change and fully integrate voice control with your app.


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## troothequalstroll (Oct 12, 2019)

njn said:


> shouldn't you start the trip when stopped and picking up pax?


5000 trips every single one started 10-15 seconds before arrival.

I dont bind myself to blank contracts

her story is how i was opted out of pool it violates every states distracted driving laws ; )

tint & be aware of your surroundings some swine more honory than others but they all swine, the good protect the bad so all guilty by associations same tactics & feelings they use


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## Ssgcraig (Jul 8, 2015)

Diamondgirl said:


> Has anyone experienced this? I got pulled over and ticketed for just touching my phone to start the nav to my rider. The police officer wouldn't listen to my explanation. It is illegal in Austin to even touch your phone while moving. How do y'all deal with this? I got a $220 ticket!!!


Come on, we know it wasn't your phone....


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## dirtylee (Sep 2, 2015)

Thanks for reminding me not to visit austin. 

Also, move your phone from being so high up. I bet people can see it from outside the car easily.


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## uberdriverfornow (Jan 10, 2016)

Cold Fusion said:


> https://www.austintexas.gov/handsfree
> *Austin is a hands-free city*
> A new City of Austin ordinance prohibits the use of all electronic hand-held devices while operating a vehicle or bicycle.
> 
> ...


you were using a fixed GPS system...focus your defense on that..your phone was acting as a dedicated fixed GPS system



> or an affixed GPS system.


seems pretty easy to win....testify that you were using your phone for dedicated fixed GPS purposes and you should win easy...force the cop to prove you weren't


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## Mtbsrfun (May 25, 2019)

Diamondgirl said:


> Has anyone experienced this? I got pulled over and ticketed for just touching my phone to start the nav to my rider. The police officer wouldn't listen to my explanation. It is illegal in Austin to even touch your phone while moving. How do y'all deal with this? I got a $220 ticket!!!


Unless using a hands-free system such as Bluetooth or headphones, or a GPS system, use of portable devices while driving a car or operating a bike will be a citable offense beginning Jan. 1, 2015.

As defined in Ordinance No. 20140828-041, portable electronic device means a hand-held:


Mobile telephone
personal digital assistant
MP3 or other hand-held music player
electronic reading device
laptop computer
pager
broadband personal communication device
GPS or navigation system
electronic gaming device
portable computing device
Hand-held cell phone use is permitted in the event of an emergency such calling 9-1-1 or 3-1-1 to report a crime or an accident. Even in an emergency situation, it is best to pull over and come to a complete stop before using or operating any mobile or hand-held device.

Read the law; unless it's an emergency or a hands free setup, even a gps is considered a portable electronic device. I would focus on the fact it was an emergency because claiming your phone is a gps still has you breaking the law lol. The above poster doesn't understand law and should not be the focus of your defense.


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## Asificarewhatyoudontthink (Jul 6, 2017)

Diamondgirl said:


> Has anyone experienced this? I got pulled over and ticketed for just touching my phone to start the nav to my rider. The police officer wouldn't listen to my explanation. It is illegal in Austin to even touch your phone while moving. How do y'all deal with this? I got a $220 ticket!!!


Why is your phone anywhere a cop can see it?
In my case, since I don't have anywhere convenient to 'hide' mine I have it mounted in such a way that a single finger, moved without removing my hand from the wheel, can touch the section of the screen that accepts a ride. But, that is my method.


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## Dekero (Sep 24, 2019)

Coastal_Cruiser said:


> I know this goes against the grain of this thread, but after driving U/L these past few years and seeing the danger posed by the folks who like to text while driving, combined with the "slippery slope" effect of any law that allows even minimum interaction with the phone, it seems the only solution to negate the problem is a total ban on physical interaction with the phone.
> 
> Which begs the question, how can we control our driving apps strictly by voice? I joined this forum specifically to pose that question, but did not get much of a response. There are apps that allow the blind to fully control their phones by voice command. I mean, we have the technology.
> 
> Yoo hoo.... Uber and Lyft... all that happy talk you put forth about safety... how about doing something truly useful for a change and fully integrate voice control with your app.


Your post forgets to take into account his smart device... Was mounted to his dash with a GPS screen up which makes it a part of the vehicles operating devices. Cop was in the wrong. Had he held it up and placed a call... I agree with the ticket.. but not in this case.


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## nickd8775 (Jul 12, 2015)

My windows are tinted so people can’t see inside, especially at night. Also my phone is mounted below the dashboard. 

The cop obviously had a quota if he told you to fight it. That’s code for he’s not going to be in court so it’ll be dismissed. Don’t get a lawyer


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## bobbbobbobb (Apr 12, 2018)

Diamondgirl said:


> Has anyone experienced this? I got pulled over and ticketed for just touching my phone to start the nav to my rider. The police officer wouldn't listen to my explanation. It is illegal in Austin to even touch your phone while moving. How do y'all deal with this? I got a $220 ticket!!!


Fight it. You can't do your job without violating the letter of the law. Publicize it. What else can you do?


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## Crosbyandstarsky (Feb 4, 2018)

Diamondgirl said:


> Has anyone experienced this? I got pulled over and ticketed for just touching my phone to start the nav to my rider. The police officer wouldn't listen to my explanation. It is illegal in Austin to even touch your phone while moving. How do y'all deal with this? I got a $220 ticket!!!


Well duh. You're not allowed to touch your phone if you're moving



bobbbobbobb said:


> Fight it. You can't do your job without violating the letter of the law. Publicize it. What else can you do?


Umm that's the law.! You can only touch it when your stopped. You can't fight a law


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## Mtbsrfun (May 25, 2019)

Unless using a *HANDSFREE* system such as Bluetooth or headphones, or a GPS system, use of portable devices while driving a car or operating a bike will be a citable offense beginning Jan. 1, 2015.

As defined in Ordinance No. 20140828-041, portable electronic device means a hand-held:


Mobile telephone
personal digital assistant
MP3 or other hand-held music player
electronic reading device
laptop computer
pager
broadband personal communication device
GPS or navigation system
electronic gaming device
portable computing device
Hand-held cell phone use is permitted in the event of an emergency such calling 9-1-1 or 3-1-1 to report a crime or an accident. Even in an emergency situation, it is best to pull over and come to a complete stop before using or operating any mobile or hand-held device.

Read the law; unless it's an emergency or a hands free setup, even a gps is considered a portable electronic device. I would focus on the fact it was an emergency because claiming your phone is a gps still has you breaking the law lol. The above poster doesn't understand law and should not be the focus of your defense.


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## Dekero (Sep 24, 2019)

Mtbsrfun said:


> Unless using a *HANDSFREE* system such as Bluetooth or headphones, or a GPS system, use of portable devices while driving a car or operating a bike will be a citable offense beginning Jan. 1, 2015.
> 
> As defined in Ordinance No. 20140828-041, portable electronic device means a hand-held:
> 
> ...


Thus proving it's nothing more than a government money grab. By that description I'm breaking the law using my BMW Navigation system... It pronounced.... crock of shyt!


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## Crosbyandstarsky (Feb 4, 2018)

O-Side Uber said:


> Find that trip, take a screenshot and print it out as evidence with the time and date . Plead not guilty . I'm assuming you had the phone on a hands fee mount.
> 
> I heard a judge mention recently (in Cali ) that the cell phone law language is ambiguous and can be challenged . You weren't "texting". You were starting an Uber trip .
> 
> Submit the trip into evidence at the trial . Might work


You're not allowed to touch a phone while moving. My question is why didn't she log the person in before moving and apologize for putting people at risk



RideshareUSA said:


> Simple, lawyer up!
> Sucks, but it's your best option.
> [/


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## Xtrodinary1 (Oct 15, 2019)

RideshareUSA said:


> Simple, lawyer up!
> Sucks, but it's your best option.


Whats the lawyer for...


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## The Gift of Fish (Mar 17, 2017)

Diamondgirl said:


> Has anyone experienced this? I got pulled over and ticketed for just touching my phone to start the nav to my rider. The police officer wouldn't listen to my explanation. It is illegal in Austin to even touch your phone while moving. How do y'all deal with this? I got a $220 ticket!!!


I don't always bust illegal u turns, but when I do I make sure there are no cops around first. The same should be applied to any situation where illegal acts on the highways and byways are being considered.


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## Amos69 (May 17, 2019)

I use a cup holder mount for my phone holder. I can turn the phone so it is hard to see by my clients, and no one can see it from out side the rig. I drive an mid size SUV so I sit higher them any cars do.

Touching your phone while driving is illegal in many if not most states by now.



dirtylee said:


> Thanks for reminding me not to visit austin.
> 
> Also, move your phone from being so high up. I bet people can see it from outside the car easily.


I watch people driving and watching TV / YouTube/ Porn every day. Putting your phones up in view is a bad idea for many reasons.

Last week I had three passengers in my rig on the way to the AP. DT Seattle on a steep hill in traffic on the way up to the 5 my rear passenger side client practically yells LOOK SHE'S WATCHING PORN !!!!!! Everyone looks right and sure enough the gal in the Alpha Stelvio was indeed watching porn. The female passenger on that side rolled down the window and yelled HANDS ON THE WHEEL YOUNG LADY! As we rolled out.

I said it was probably Dire.
@Direwolfismyspiritanimal


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## RideshareUSA (Feb 7, 2019)

Xtrodinary1 said:


> Whats the lawyer for...


One, your appearance not required, saving precious time and frustration.
Two, a lawyer has always pleaded the ticket down or has had it dismissed entirely. 
Three, it is inexpensive. Usually costs $75-$100 in my area.


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## 58756 (May 30, 2016)

I've experienced this too and made a post on it. I even spoke with the Captain of the state trooper oinks. He thanked me for keeping drunks off the road with an actual ticket.


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## Terri Lee (Jun 23, 2016)

KK2929 said:


> Get in the habit of watching for the police.


Always good advice.


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## 58756 (May 30, 2016)

_here is when A sleep deprived state Oink ? trooper gave me a ticket that cost me $200+ all because as I was curving with freeway, he said I went over lane line but I barely touched it. He looked like he worked 14 hours, am like no wonder why US oinks kill people so easily, it is because they are irritable from sleep deprivation. The guy looked irritable for no reason even though I remained calmed and was explaining to him I driver Uber and merely tapped my phone as it was on dash. He is lucky I work 2 jobs and didn't have time to go to court. I would've won.
https://uberpeople.net/threads/uber...her-states-that-have-this-statute.241825/#_=_
the UK or Australia oinks don't kill unarmed people so easily because they are told to strictly use deadly force for case if big threat to life, but US cop pops someone ( even an Uber driver, ) and later says "Oh I acted within department policy"._


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## Extraholes (Mar 11, 2017)

Now in Minnesota:

Starting August 1, 2019 The new law allows a driver to use their cell phone to make calls, text, listen to music or podcasts and get directions, but only by voice commands or single-touch activation without holding the phone.
Remember, hands-free is not necessarily distraction-free.

The single-touch is the key for us in minnesota Many other companies that information rely on the single-touch.


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## touberornottouber (Aug 12, 2016)

Diamondgirl said:


> Has anyone experienced this? I got pulled over and ticketed for just touching my phone to start the nav to my rider. The police officer wouldn't listen to my explanation. It is illegal in Austin to even touch your phone while moving. How do y'all deal with this? I got a $220 ticket!!!


Here in Florida there is specifically an exception listed for "navigation apps" from the anti-texting law. Uber/Lyft could be considered Navigation apps and Google Maps/Waze definitely would be considered so. See if your state has such an exception listed in the law.


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## Mtbsrfun (May 25, 2019)

touberornottouber said:


> Here in Florida there is specifically an exception listed for "navigation apps" from the anti-texting law. Uber/Lyft could be considered Navigation apps and Google Maps/Waze definitely would be considered so. See if your state has such an exception listed in the law.


For the love of god, read my post. I cited the Austin hands free law and it is very clear in the terminology; the OP broke the law plain and simple.


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## touberornottouber (Aug 12, 2016)

Mtbsrfun said:


> For the love of god, read my post. I cited the Austin hands free law and it is very clear in the terminology; the OP broke the law plain and simple.


I only read the original post (which is why I quoted them). I didn't have time to read the other two pages.


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## MiamiKid (May 24, 2016)

Diamondgirl said:


> Has anyone experienced this? I got pulled over and ticketed for just touching my phone to start the nav to my rider. The police officer wouldn't listen to my explanation. It is illegal in Austin to even touch your phone while moving. How do y'all deal with this? I got a $220 ticket!!!


Whoa! Such stupidity might put an end to my RS career.



Diamondgirl said:


> Thank you. I took a screen shot. Yes I did have it in a hands free mount. I merely tapped the navigation arrow and I guess the cop saw me. I didn't know THAT was against the law! You can't even touch your phone in any way. Not sure how we're supposed to do our job...smh.


That's one nitpicky cop. Assume there's very little crime, or traffic issues, in that neighborhood.

Totally realize it's written into the law; however, most reasonable officers don't focus on stuff like that.


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## Clothahump (Mar 31, 2018)

GammaRayBurst said:


> Slowly but surely California is leaking into Austin


Slowly? The People's Republic of Austin was getting too liberal for me when I moved out in 1979. It is now like calling to like with California.


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## MiamiKid (May 24, 2016)

Clothahump said:


> Slowly? The People's Republic of Austin was getting too liberal for me when I moved out in 1979. It is now like calling to like with California.


That's liberalism, and government overreach, wreaking havoc.


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## nouberipo (Jul 24, 2018)

Demon said:


> You broke the law, pay the fine.


That's rich when talking about companies (Uber and Lyft) that have built a business model and created/maintain a culture reliant on breaking the laws. We have a president and complicit congress that breaks the law. We have Wall Street that breaks the laws. The US is a lawless society at this point thus don't use the "you broke the law" crap in a forum that is based on a business (Uber and Lyft) that profit from breaking the laws. Wow.


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## Chocoholic (Aug 7, 2018)

Fight it. You did NOT break the law.

This should be a slam dunk defense. Here's what I read when I actually looked at the ordinance. It's straightforward.

_(D) It is an affirmative defense to prosecution of an offense under this section if ...
(2) the portable electronic device is a global positioning or navigation device, or a global positioning or navigation software on a device, and the device is affixed to the motor vehicle or bicycle._

Any arguments about "part of my job", or "driving for Uber" are irrelevant, as is a lot of advice on this thread. What's relevant is this - The Uber app is a GPS navigation app while transporting a passenger and is therefore excluded from this law. It's that simple.

You might even try contacting the local prosecutor before trial, relay that info to them and ask them to dismiss because this is specifically allowed under the ordinance.

Having said that, you should still get a lawyer. Preferably someone that has a success record in the local court. Whether you do or not, spend a day or two watching court cases. See what works and what gets people in trouble in court.


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## MiamiKid (May 24, 2016)

nouberipo said:


> That's rich when talking about companies (Uber and Lyft) that have built a business model and created/maintain a culture reliant on breaking the laws. We have a president and complicit congress that breaks the law. We have Wall Street that breaks the laws. The US is a lawless society at this point thus don't use the "you broke the law" crap in a forum that is based on a business (Uber and Lyft) that profit from breaking the laws. Wow.


Uber, Wall Street and, of course, President Trump

ROCKS!

MAGA ALL THE WAY!!!!
????????????



nouberipo said:


> That's rich when talking about companies (Uber and Lyft) that have built a business model and created/maintain a culture reliant on breaking the laws. We have a president and complicit congress that breaks the law. We have Wall Street that breaks the laws. The US is a lawless society at this point thus don't use the "you broke the law" crap in a forum that is based on a business (Uber and Lyft) that profit from breaking the laws. Wow.


UBER ROCKS!!!


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## WokeUP (Dec 19, 2018)

Diamondgirl said:


> Has anyone experienced this? I got pulled over and ticketed for just touching my phone to start the nav to my rider. The police officer wouldn't listen to my explanation. It is illegal in Austin to even touch your phone while moving. How do y'all deal with this? I got a $220 ticket!!!


Why would anyone listen to someone who is not using hands free with all the tech we have to our advantage? You deserve it.


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## Galveston (Aug 16, 2019)

Diamondgirl said:


> Has anyone experienced this? I got pulled over and ticketed for just touching my phone to start the nav to my rider. The police officer wouldn't listen to my explanation. It is illegal in Austin to even touch your phone while moving. How do y'all deal with this? I got a $220 ticket!!!


Show me this ridiculous statute that you can easily beat


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## Lancelot1 (Oct 27, 2019)

That law sucks. Tennessee just put a new hands-free law in place, however, it says (in part) "Drivers are allowed to use GPS to navigate. If the phone is mounted on the vehicle's dashboard, windshield or center console, drivers can use one swipe or tap to turn a feature on or off." Good luck.


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## Xtrodinary1 (Oct 15, 2019)

WokeUP said:


> Why would anyone listen to someone who is not using hands free with all the tech we have to our advantage? You deserve it.
> [/QUOTE
> Why does he deserve the ticket?


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## Demon (Dec 6, 2014)

nouberipo said:


> That's rich when talking about companies (Uber and Lyft) that have built a business model and created/maintain a culture reliant on breaking the laws. We have a president and complicit congress that breaks the law. We have Wall Street that breaks the laws. The US is a lawless society at this point thus don't use the "you broke the law" crap in a forum that is based on a business (Uber and Lyft) that profit from breaking the laws. Wow.


Or you could just choose not to break the law.


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## Xtrodinary1 (Oct 15, 2019)

So am I suppose to be a robot in society? They put up guard rails on the highway along with lane diversion detectors both on the road and in cars for drunk drivers, but without an accident I cannot ride off with a "hey thats still illegal" gesture from a cop?


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## DriverMark (Jan 22, 2018)

..


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## LADryver (Jun 6, 2017)

Diamondgirl said:


> Has anyone experienced this? I got pulled over and ticketed for just touching my phone to start the nav to my rider. The police officer wouldn't listen to my explanation. It is illegal in Austin to even touch your phone while moving. How do y'all deal with this? I got a $220 ticket!!!


I put the nav on while still in the pickup. I realize that many drivers feel like time not rolling is time wasted. But with concerns such as yours it may be worth getting up and running before you get up to speed.



Diamondgirl said:


> Oh I'll be fighting it for sure. The officer even suggested I should. I was more curious how other people avoid this issue while driving. But thanks.


The officer may have been humoring you. I think you are right about the inconvenience of standing still while navigating to your rider. Seems like, however, you plain ol' broke the law. The app has a setting for automatic navigation in settings. I hope you might try it and tell us how it works out for you.


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## TXUbering (May 9, 2018)

If you're going to Uber, you NEED a hands free mount. Nothing more irritating than seeing someone driving for Uber/Lyft with their phone in their hand while driving and holding up the rest of traffic. If you have a cell phone holder and touched the screen that's one thing, but if you don't then the cop had you dead to rights. Look at the bright side. I live between Dallas and Fort Worth, the cops here shoot you while you're in your own home!


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## Xtrodinary1 (Oct 15, 2019)

TXUbering said:


> If you're going to Uber, you NEED a hands free mount. Nothing more irritating than seeing someone driving for Uber/Lyft with their phone in their hand while driving and holding up the rest of traffic. If you have a cell phone holder and touched the screen that's one thing, but if you don't then the cop had you dead to rights. Look at the bright side. I live between Dallas and Fort Worth, the cops here shoot you while you're in your own home!


I cannot debt that. Until they are the ones in the car accident from using their phones they will not learn an unforgiving lesson.


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## uberdriverfornow (Jan 10, 2016)

uberdriverfornow said:


> you were using a fixed GPS system...focus your defense on that..your phone was acting as a dedicated fixed GPS system
> 
> seems pretty easy to win....testify that you were using your phone for dedicated fixed GPS purposes and you should win easy...force the cop to prove you weren't


from page 2


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## FLKeys (Dec 27, 2018)

Diamondgirl said:


> Has anyone experienced this? I got pulled over and ticketed for just touching my phone to start the nav to my rider. The police officer wouldn't listen to my explanation. It is illegal in Austin to even touch your phone while moving. *How do y'all deal with this?* I got a $220 ticket!!!


My phone is in a holder down low right next to my gear shift. I can rest my hand on my gear shift and easily touch my screen to accept a trip. There is no way an officer could ever see me touching my phone unless maybe he was looking down from a semi truck next to me.


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## uberdriverfornow (Jan 10, 2016)

FLKeys said:


> My phone is in a holder down low right next to my gear shift. I can rest my hand on my gear shift and easily touch my screen to accept a trip. There is no way an officer could ever see me touching my phone unless maybe he was looking down from a semi truck next to me.


I've seen episodes of Cops that they use school buses to see down into cars for people texting with their phones in their hands.


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## Xtrodinary1 (Oct 15, 2019)

FLKeys said:


> My phone is in a holder down low right next to my gear shift. I can rest my hand on my gear shift and easily touch my screen to accept a trip. There is no way an officer could ever see me touching my phone unless maybe he was looking down from a semi truck next to me.


Many ppl have found ways around it but the human thing is to not endanger other drivers and pedestrians


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## Christinebitg (Jun 29, 2018)

Were you cited under a city ordinance or state law?

If it's the state law, Texas law says you can touch a portable device, even a cell phone, if it's for the purpose of operating a navigational device.

If it's a city ordinance, you might be screwed. If that's the case, sorry about that. Unfortunately, Austin wants to secede from Texas and join a nanny state, preferably one located on the east coast.

Yeah, go ahead, pass a law. That'll stop people from doing stupid [email protected]@@. Riiight.


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## mikes424 (May 22, 2016)

uberdriverfornow said:


> I've seen episodes of Cops that they use school buses to see down into cars for people texting with their phones in their hands.


Shortly after a similar law was passed in Illinois I was stopped at a red light. Saw two cops at the corner. One had binoculars looking at oncoming cars and telling the other cop which car to pull over because the driver was on the phone.


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## KellyC (May 8, 2017)

Diamondgirl said:


> Thank you. I took a screen shot. Yes I did have it in a hands free mount. I merely tapped the navigation arrow and I guess the cop saw me. I didn't know THAT was against the law! You can't even touch your phone in any way. Not sure how we're supposed to do our job...smh.


Geez. Do they ticket you for adjusting the AC?


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## Lancelot1 (Oct 27, 2019)

Cold Fusion said:


> https://www.austintexas.gov/handsfree
> *Austin is a hands-free city*
> A new City of Austin ordinance prohibits the use of all electronic hand-held devices while operating a vehicle or bicycle.
> 
> ...


That attached article is crazy. The first part says you can use a hands-free device of an affixed GPS. Then later, it says "Distracted driving includes: 
• Texting
• Using a cell phone for any reason
• Eating and drinking
• Talking to passengers
• Grooming
• Reading, including maps
• *Using a navigation system*
• Watching a video
• Adjusting a radio, CD player or MP3 Player

... also, *talking to passengers*?? Austin, you've lost your freaking minds.


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## MiamiKid (May 24, 2016)

Lancelot1 said:


> That attached article is crazy. The first part says you can use a hands-free device of an affixed GPS. Then later, it says "Distracted driving includes:
> • Texting
> • Using a cell phone for any reason
> • Eating and drinking
> ...


That's big government liberalism at work. Destroys entire countries.

Stop it in it's tracks!
????


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## Christinebitg (Jun 29, 2018)

Lancelot1 said:


> Adjusting a radio, CD player or MP3 Player


Perhaps they should just outlaw putting radios in cars.

Somebody in the state capitol hasn't thought this stuff through.


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## kingcorey321 (May 20, 2018)

fight it go all the way through .
tell them it was not a phone but a gps . is there a law your not allowed to touch a gps ? or its controlling music . your not talking or texting on your phone i would take it to the jury i would win.
this ticket is total bull shit


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## Christinebitg (Jun 29, 2018)

kingcorey321 said:


> is there a law your not allowed to touch a gps ?


That is exactly what we were discussing earlier in this thread.


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## PlayLoud (Jan 11, 2019)

_(e) entering or changing information in a global positioning or navigation system or any software or application designed for navigation._

Son of a *****. They even have the the use case down. Best you could argue is you were "entering or changing information", as the app does that automatically. You were just pushing the navigate button.

That's a terrible restriction for us.


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## Xtrodinary1 (Oct 15, 2019)

mikes424 said:


> Shortly after a similar law was passed in Illinois I was stopped at a red light. Saw two cops at the corner. One had binoculars looking at oncoming cars and telling the other cop which car to pull over because the driver was on the phone.


Damn.


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## VanGuy (Feb 15, 2019)

mikes424 said:


> Shortly after a similar law was passed in Illinois I was stopped at a red light. Saw two cops at the corner. One had binoculars looking at oncoming cars and telling the other cop which car to pull over because the driver was on the phone.


The cops here have had cameras with scopes for a few years now:

https://www.citynews1130.com/2016/05/17/new-tool-police-distracted-driving/


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## Darrell Green Fan (Feb 9, 2016)

FLKeys said:


> My phone is in a holder down low right next to my gear shift. I can rest my hand on my gear shift and easily touch my screen to accept a trip. There is no way an officer could ever see me touching my phone unless maybe he was looking down from a semi truck next to me.


So to avoid breaking the law you position your phone where you need to take your eyes off the road to follow the navigation? LOL, this law is not working as it was intended.


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## FLKeys (Dec 27, 2018)

Darrell Green Fan said:


> So to avoid breaking the law you position your phone where you need to take your eyes off the road to follow the navigation? LOL, this law is not working as it was intended.


I very rarely look at the navigation map, voice instructions work just fine for me. I wear a single bluetooth earbud to listen to the navigation. I can see out of the corner of my eye the screen to touch the accept button. My eyes are off the road longer to check my mirrors than accepting a trip. I'm not avoiding breaking the stupid law, I'm just making it harder to detect. Distracted driving is a big problem. Me touching accept is not distracted driving. There is a difference in the spirit of the law and the word of the law, unfortunately LEO likes to enforce the word of the law and not the spirit of the law.


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## PlayLoud (Jan 11, 2019)

FLKeys said:


> I very rarely look at the navigation map, voice instructions work just fine for me. I wear a single bluetooth earbud to listen to the navigation. I can see out of the corner of my eye the screen to touch the accept button. My eyes are off the road longer to check my mirrors than accepting a trip. I'm not avoiding breaking the stupid law, I'm just making it harder to detect. Distracted driving is a big problem. Me touching accept is not distracted driving. There is a difference in the spirit of the law and the word of the law, unfortunately LEO likes to enforce the word of the law and not the spirit of the law.


I wear a Bluetooth earbud as well. I start the ride, hit the button to kick it over to Waze, and drive off. Generally, the only time I touch my phone is when I'm arriving at the destination, I'll switch it back to Uber Driver, so that I can see the exact pin location. I do give it a glance fairly often. I don't like to be caught off-guard.


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## Dekero (Sep 24, 2019)

Any news on taking this to court yet??

Can't wait for details....


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## astros1969 (Apr 29, 2015)

Austin has been California'd for a long time. People have been bending the knee for decades to the communists there for decades. Typical for a colkege town.


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## njn (Jan 23, 2016)

PlayLoud said:


> I wear a Bluetooth earbud as well.


Illegal in some markets like NYC.


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## PlayLoud (Jan 11, 2019)

njn said:


> Illegal in some markets like NYC.


Really? Damn. That's dumb.


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## astros1969 (Apr 29, 2015)

uberdriverfornow said:


> I've seen episodes of Cops that they use school buses to see down into cars for people texting with their phones in their hands.


Lol. You absolutely made this up.


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## uberdriverfornow (Jan 10, 2016)

astros1969 said:


> Lol. You absolutely made this up.


not at all, as soon as they see a text message offender, they radio for officers to pull them over


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## Ping.Me.More (Oct 27, 2018)

I took my gooseneck suction cup phone holder off of the windshield and
put it down over the dashboard tachometer, just to the left of
the steering wheel. (Who uses a tachometer anyway? What a
waste of otherwise useful dashboard space!)

Much lower profile now.


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## Christinebitg (Jun 29, 2018)

Ping.Me.More said:


> Who uses a tachometer anyway?


I do. Yes, it's not the same as when I used to drive a stick, I agree.

But if I ever have any doubt if the engine is running, I look at the tach. No seriously -- sometimes it's too noisy outside to tell. I'm in Galveston this weekend, and the Lone Star Bike Rally is here right now. (Go look it up.)

Or if I want to know if the transmission has upshifted.

Yeah, okay. Call me a nerd. I am.


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## Demon (Dec 6, 2014)

PlayLoud said:


> Really? Damn. That's dumb.


No, it isn't.


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## Ping.Me.More (Oct 27, 2018)

Christinebitg said:


> But if I ever have any doubt if the engine is running, I look at the tach.


Good idea. I never thought of that. (I tap the gas pedal
to see if it goes "varooom" ..... LOL)


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## nickd8775 (Jul 12, 2015)

The best solution for getting away with being on your phone while driving is to tint your windows. Even a ticket for tinted windows is better than a ticket for texting while driving because it’s an equipment violation, not a moving violation. 
Unless a cop is looking from directly in front he can’t see you.


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## Flatpickluvr (Nov 2, 2019)

njn said:


> shouldn't you start the trip when stopped and picking up pax?


That person was navigating to the passenger, not starting the trip. There is no hands-free way to do that. You have to tap on the screen to accept the request and navigate to the passenger. I have the same problem here in parts of St. Louis County where local police may not bother with it, but state troopers will.


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## Christinebitg (Jun 29, 2018)

Ping.Me.More said:


> I never thought of that. (I tap the gas pedal
> to see if it goes "varooom" ..... LOL)


Try doing that with a bunch of Harleys around you, and see if you can tell.


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## PlayLoud (Jan 11, 2019)

Demon said:


> No, it isn't.


What's wrong with a bluetooth device in the ear giving you audio navigation directions?


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## Christinebitg (Jun 29, 2018)

PlayLoud said:


> What's wrong with a bluetooth device in the ear giving you audio navigation directions?


What's wrong with it is that some politician somewhere is catering to people's fantasies.

The fantasy that you can ensure their safety by passing more laws.


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## losiglow (Dec 4, 2018)

Mistake is living in Austin. It's the San Francisco of Texas.


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## PlayLoud (Jan 11, 2019)

Christinebitg said:


> What's wrong with it is that some politician somewhere is catering to people's fantasies.
> 
> The fantasy that you can ensure their safety by passing more laws.


Completely agree... Listening to my pax or a good song through my speakers is more likely to distract me than Waze in my ear.


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## njn (Jan 23, 2016)

Flatpickluvr said:


> That person was navigating to the passenger, not starting the trip.


My bad. Either way, she should have pulled over to use the phone to be in compliance with the law.


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## PlayLoud (Jan 11, 2019)

njn said:


> My bad. Either way, she should have pulled over to use the phone to be in compliance with the law.


In order to be in full compliance with the law, you'd have to have Uber Driver on auto-accept. Even touching the button to accept the trip would be illegal.


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## FLKeys (Dec 27, 2018)

Ping.Me.More said:


> ... (Who uses a tachometer anyway? ....


I also monitor my tachometer more than my speedometer as I want to stay in the sweet spot of fuel economy in my car. I rarely accelerate over 3000 RPM unless I need to to pull out quickly. I rarely cruise over 2000 RPM as this gets me the best fuel economy I can.


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## njn (Jan 23, 2016)

new feature, auto accept, no touchy, no ticket.


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## PlayLoud (Jan 11, 2019)

njn said:


> new feature, auto accept, no touchy, no ticket.


Except that truly eliminates the ability to decline a ride that is too far away, or see how long the ride is (if you're Uber Pro Gold or higher).


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## MothMan (May 15, 2016)

Wondering how this turned out.


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## DudeUbering (Sep 21, 2017)

I know, old post ... mount your phone lower.


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## ntcindetroit (Mar 23, 2017)

DudeUbering said:


> I know, old post ... mount your phone lower.


It's fixed already, how to lower it down? Talk to city hall to cut budget on unnecessary law or code enforcement.


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## LyftUberFuwabolewa (Feb 7, 2019)

Here's what's fun to do when there's a cop clearly watching you to see if you'll touch your phone. Move your hand closer and closer to the phone but at the last second touch the radio. Then move your hand closer and closer to the phone but then touch the climate control. Repeat this with every control in your car without touching the phone.

The point? To show the officer that for some reason you can fiddle-faddle around with every device in your car except the phone. It doesn't make any sense. It's silly.


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## Chocoholic (Aug 7, 2018)

LyftUberFuwabolewa said:


> Here's what's fun to do when there's a cop clearly watching you to see if you'll touch your phone. Move your hand closer and closer to the phone but at the last second touch the radio. Then move your hand closer and closer to the phone but then touch the climate control. Repeat this with every control in your car without touching the phone.
> 
> The point? To show the officer that for some reason you can fiddle-faddle around with every device in your car except the phone. It doesn't make any sense. It's silly.


Yeah, but do you really want to piss the cop off so much that he pulls you over anyways and trumps up some charge just for aggrivating him?


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## LyftUberFuwabolewa (Feb 7, 2019)

Chocoholic said:


> Yeah, but do you really want to piss the cop off so much that he pulls you over anyways and trumps up some charge just for aggrivating him?


Dashcam to the rescue!


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## Christinebitg (Jun 29, 2018)

LyftUberFuwabolewa said:


> Dashcam to the rescue!


Not worth the trouble. Just make sure you comply with the law, at least while he's watching you.

Is the law stupid? Of course it is. So are a few other laws.

I certainly don't have an interest in looking for trouble.


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## DudeUbering (Sep 21, 2017)

ntcindetroit said:


> It's fixed already, how to lower it down? Talk to city hall to cut budget on unnecessary law or code enforcement.


I have a tablet mounted at the CD slot.. You can't see anything if you are not in the vehicle...


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## 4848 (May 16, 2019)

BTW, facts are irrelevant. The cop believes he saw you touch your phone. Have fun trying to prove otherwise. 
This is what a banana republic looks like.


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## Lynxtheclown (Jan 9, 2020)

Diamondgirl said:


> Has anyone experienced this? I got pulled over and ticketed for just touching my phone to start the nav to my rider. The police officer wouldn't listen to my explanation. It is illegal in Austin to even touch your phone while moving. How do y'all deal with this? I got a $220 ticket!!!


First thing to do push it back

Next ask for a jury trial

Push back again ( if you can )

When the day comes the DA will almost always want to settle remember they want numbers of wins

Politely ask to have the case dismissed

They will most likely say no then ask if the cop had a dash cam or body cam during the ticket. If they did NOT they will 99.9% of the time dismiss it remember its your job to prove your not guilty but its the cops to prove you are.

You can also ask the judge for a dismissal during your trial all the city wants is money and you CAN AND SHOULD NEGOTIATE.


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