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UC0097

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Registered: 02/13/08
Posts: 162
Reply with quote  #1 
How's everyone making out with this? Surprisingly I've yet to write anyone for using their cell phone.

Have your drivers been argumentative (more than normal), accuse the PD of using their phones, claim they weren't on the phone, etc?

Just looking for some input from everyone.


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era12

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Registered: 06/15/04
Posts: 1,431
Reply with quote  #2 
I wrote it a few times, as a secondary, but have not had the chance as a primary.  A few of my guys are writing these, and seem to be having no problem.

I am waiting for the "I saw an officer using his phone" complaint, so that I can explain the exception provided in the statute.  However, I don't really expect this to be a problem in my PD, since we have a policy addressing this.

The only real dilemma question that came up was if this required a Court appearance.  It used to a few years ago, but it is now on the violations bureau schedule.

I am interested in seeing how much this gets enforced during click it or ticket, which is at the end of May.
BMC

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Registered: 06/16/04
Posts: 2,216
Reply with quote  #3 

I wrote several in March and yes I had several people deny they were on the phone.

beavis

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Registered: 03/17/07
Posts: 138
Reply with quote  #4 

I've had a few people argue they were not on the phone texting.  One went as far as to hand me her phone to show she had not recently sent a text message.  Problem was, she put me into the history were the message had just been sent from.  She obviously at that point could no longer deny it.

djp86mcss

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Registered: 02/26/05
Posts: 2,591
Reply with quote  #5 

i have been in classes so i have not wrote it.  neither has anyone in my pd that i can think of.  the thing about is the people that just drive past u and do not even duck the phone on their lap.  that bugs me.  i know while working some road jobs that the crews point it out to me. i could take this statute or leave it.  its good to have since some people are clueless on the road while others can drive smoke do make up and drink coffee.  others cant even drive w/o distractions


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RoughRider

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Registered: 09/29/07
Posts: 439
Reply with quote  #6 

I love writing this ticket!! It is by far the most frequent ticket that I write now. I like the statute because for the past four years that it was a secondary violation, people would drive past you and not even care that they were on the phone because they knew they weren't getting pulled over. It is so defiant in my opinion for someone to look right at you and keep flapping their gums. I have more respect for the person that sees a police car and tries to hide the fact that they are on the phone. Now I love when people tell me that they didn't know it was against the law. They are full of $hit. I already had a trial for a cell phone ticket that I wrote. It was so great to win that case because when I gave him the ticket, he said in his broken english, "I guarantee this ticket will be dismissed in court!" He told the judge that he was not talking on the phone when I pulled him over but just holds the phone in his hand while he drives because he has no other place to put it. My judge crushed him. I love my job!!!

nasa808

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Registered: 05/31/05
Posts: 5,679
Reply with quote  #7 

AS STATED ABOVE THAT IS MY FAVORITE SUMMONS TO WRITE.. SINCE MARCH 1 I HAVE WRITEN APPROX. 30 AND ABOUT 8 OF THOSE HAVE RESULTED IN WARRANT ARRESTS!


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Simz

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Registered: 06/28/07
Posts: 137
Reply with quote  #8 

Its great for the purpose of the stop(to check for warrants,Ect.) but unless the driver is visibly distracted and committing other moving violations, leave the pen in your pocket.  Ill never understand why some of us get such joy out of shoving the wood up an average Joes azz.  Theres so many scum bags on the road with suspensions,warrants,no insurance, why waste your time. 

UMD179

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Registered: 12/16/05
Posts: 5
Reply with quote  #9 
N.J.S.A. TITLE 39:4-97.3b
states any municipal,county,state appointed police, ems, firefighter (within the course of their duties) may use a wireless handset - cell phone - for the purposes related to their specific occupation

clearspeak:   here is the reason why cops can be on cell phones..we are exempt when we use it to call our dispatch, headquarters, another twp etc.    there is a reason for the season.....just dont think we are 'breaking' the law......amateurs.
Quote:
Originally Posted by UC0097
How's everyone making out with this? Surprisingly I've yet to write anyone for using their cell phone.

Have your drivers been argumentative (more than normal), accuse the PD of using their phones, claim they weren't on the phone, etc?

Just looking for some input from everyone.

Cagney10

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Registered: 05/09/05
Posts: 126
Reply with quote  #10 

I love it when people ask to give a warning and they will never do it again.  I then explain that they have had 4 years of warnings as a secondary violation.  Then they shut up!

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