School Zones & Cell Phones
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School Zones & Cell Phones
Around 8:00 a.m. this morning, I was sitting at a traffic light in Dallas which also happened to be in a school zone. I was in the middle lane and a Dallas PD patrol car was in the left lane next to me. Next thing I know he bumped his siren and turned on his lights. When I look over he is pointing for me to go to the curb on the right. When the light changed, I negotiated through traffic and pulled to the curb with him right behind me. When he gets to my window, he asks if I know why he pulled me over. All I could say was, "I have absolutely no clue." In a very condescending tone, he informed me that is was illegal to text in a school zone even if stopped at a light. I responded that I was fully aware of that fact and that I had not been texting. So he asks me what was I doing while waiting on the light. I showed him the lens cleaning wipe I had been using to clean my (now spotlessly clean) sunglasses and offered him my phone to check for himself (the last text message sent or received was yesterday at around 7:00 p.m.). He declined and say, "Uh, O.K.". I never even took my billfold out of my back pocket. Afterwards, I'm thinking how odd that encounter was. I'm in a 1-ton van and he's in a squad car so there's no way he could even begin to see what I was doing. I was looking down and using both hands so I guess it might have appeared that I might be texting but really, should this have happened?
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Re: School Zones & Cell Phones
Thed old saying comes to mind, if you don't see a foul don't call it.
IANAL
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Re: School Zones & Cell Phones
Sounds like he was pretty gung-ho. Nothing like almost getting hung on circumstantial evidence.
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Re: School Zones & Cell Phones
With the law being so new, and cities spending money to put up the signs (which are required before a city can enforce the state law), I wouldn't be surprised if a lot of jurisdictions are placing special emphasis on enforcement.
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Re: School Zones & Cell Phones
The new law will require that both hands must be visible at all times while driving in a school zone.
Re: School Zones & Cell Phones
But what about feet??glbedd53 wrote:The new law will require that both hands must be visible at all times while driving in a school zone.
I keep one on the gas, and one on the brake, both pressed half way down in the 'low-ready'!!
Just another encroachment of 'big brother' from the kitchen, to bathroom, to the bedroom and now the car. So much for 'Castle Doctrine'.
Last edited by Zylo_X on Tue Nov 01, 2011 6:29 pm, edited 1 time in total.
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Re: School Zones & Cell Phones
Hey, at least he didn't think you we're fiddling with your gun.
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Re: School Zones & Cell Phones
/shrug
Sounds like a good example of the use of discretion IMO. He made an observation, investigated, and you both then went about your business. That's pretty much what I expect our LEO's to do.
Perhaps his station emphasized searching for texting in school zones in order to create awareness among citizens? I remember when seat belt laws went into place and there was a public campaign on radio / TV informing citizens to "be aware", as LEO's were going to be looking for folks not wearing them, and ticketing accordingly.
Sounds like a good example of the use of discretion IMO. He made an observation, investigated, and you both then went about your business. That's pretty much what I expect our LEO's to do.
Perhaps his station emphasized searching for texting in school zones in order to create awareness among citizens? I remember when seat belt laws went into place and there was a public campaign on radio / TV informing citizens to "be aware", as LEO's were going to be looking for folks not wearing them, and ticketing accordingly.
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Re: School Zones & Cell Phones
I got pulled over a couple of years ago the week of Thanksgiving. I was passing an elementary school doing the normal speed limit even though the school zone lights were on. He asked me why I was speeding through a school zone, I told him school was out for the holiday, take a look at the parking lot next to us. He looked over, commented that his kids were in school today (I doubt it), that he doesn't usually work this area and walked off. He could have at least apologized for wasting my time.
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Re: School Zones & Cell Phones
So we'll have to corner like great-grandma?glbedd53 wrote:The new law will require that both hands must be visible at all times while driving in a school zone.
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Re: School Zones & Cell Phones
mrvmax wrote:I got pulled over a couple of years ago the week of Thanksgiving. I was passing an elementary school doing the normal speed limit even though the school zone lights were on. He asked me why I was speeding through a school zone, I told him school was out for the holiday, take a look at the parking lot next to us. He looked over, commented that his kids were in school today (I doubt it), that he doesn't usually work this area and walked off. He could have at least apologized for wasting my time.
Well, by law you were in violation. If the lights are flashing, you are to observe them, regardless if there is no school in session. However, if there are no flashing lights and a sign posted stating the school zone times with the line "on school days" or something similar, you were free to go.
If it's Thanksgiving Day, there most certainly will be no school in session. However, each district is different in what days they are out of session during a holiday, so it might have been in session for one district and not another. I always err on the side of caution. Better to be too slow for a mile, than realize the school you pass is in session and you get popped with a nice citation.
Last edited by shoeless on Wed Nov 02, 2011 2:15 pm, edited 1 time in total.
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Re: School Zones & Cell Phones
And how does one manage this if they drive a standard (manual) transmission vehicle?glbedd53 wrote:The new law will require that both hands must be visible at all times while driving in a school zone.
I am not a lawyer. This is NOT legal advice.!
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
Re: School Zones & Cell Phones
You're driving 20-25 mph. How much shifting are you having to do? :)
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Re: School Zones & Cell Phones
I might be anywhere from 1st to 3rd at that speed.. depending on whether I'm accelerating, slowing or idling..3dfxMM wrote:You're driving 20-25 mph. How much shifting are you having to do? :)
If a LEO "catches" me shifting, and my cell phone is in the cup holder near the stick, am I "guilty"?
I've knocked on a few windows walking through the pickup line at school, pointed to the sign, and reminded several chatty drivers they were exposing themselves to a ticket. I'm not against this law. Quite the contrary.
I am, however, against being harassed for something I "might" have been doing.
If I have a hypodermic needle, I "might" have been shooting heroin, or taking insulin.
If I have a box of cookies, I "might" have been smoking marijuana, or I might have just dropped off a car full of kids that needed an energy boost.
If I have a gun, I "might" be a murderer".
I believe the terms is "lacking probable cause".
How far do we allow this to go?
Last edited by RoyGBiv on Wed Nov 02, 2011 2:53 pm, edited 2 times in total.
I am not a lawyer. This is NOT legal advice.!
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Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
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Re: School Zones & Cell Phones
Most of my driving is done at night. On several occasions I have seen the school zone lights flashing at 1 or 2am. Knowing that a public school is not open at this time, am I still in violation for going the normal speed and not the S/Z speed? Go ahead and write me that ticket.
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