Posted on 09/01/2021 3:02:32 PM PDT by SES1066
She’s straddling lanes from 3:09-3:29 and it wasn’t a lane change. That’s enough to get anyone pulled over in front of a cop.
The car right behind her is doing the same.
Is it a road issue?
Unfortunately in today’s world, the damage has already been done. Which is exactly what the regressives want.
Third case I’ve heard of recently where the cop has falsely dragged someone in for DUI that hadn’t been drinking (two were in Florida one in Jax, one in the panhandle).
Dirty cops aren’t just tageting the poor and defenseless any more on behalf of the deep state.
No, the car behind is close to the line but not over it. At one point the lane markers are under the middle of her car.
Look at the video. She gave them plenty of probable cause - and since she didn’t cop to using her phone, the only other cause of the loss of vehicle control is logically either a medical problem or DUI.
The “while in motion” verbiage intrigues. I wonder how many statutes allow for phone use while stopped.
https://www.youtube.com/watch?v=YovpkNpg_XQ
There’s the original DPD videos. Now, the officer DOES screw up the field sobriety test, but Mrs. West gives them plenty of probable cause in the first place.
Is it illegal?
I know if in a school zone it is, hospital zone (I think) but no other places. Driving down the street, the interstate, wherever, legal.
Please provide the relevant Texas Motor Vehicle Code citation where is says driving while using a cell phone is illegal.
Thanks.
The Texas law actually doesn’t have that exception. It basically says “no texting while operating a motor vehicle”. What’s going on is that some ‘enterprising’ officers started going around ticketing people who were texting while sitting in a parked car with the air conditioning (and therefore engine) running but with the car in park and the parking brake set. There are several lawsuits floating around about that now - regarding whether that really *is* ‘operating a motor vehicle’ for the purposes of the law. Sitting in a parking lot in your car in a Texas summer with the air conditioning on while completely parked and waiting for someone/something is a common activity here, so the ban doesn’t make practical sense at that point. As a result, most police departments will *not* write for texting while driving with the vehicle is stopped until the cases run their course.
https://statutes.capitol.texas.gov/Docs/TN/htm/TN.545.htm#545.4251
No texting while driving. Got your cell phone in your hand while driving? Prove you weren’t texting.
You can talk yourself into a ticket, but an arrest such as DWI/DUI because you pissed off the cop, not legal and is false arrest.
Texting is illegal but not a state law against talking on your cellphone. Some cities make it illegal, but only a few Blue cities do that.
But not arrested for a false charge of DUI/DWI.
Pulled over to investigate but the arrest for DUI/DWI was clearly out of bounds/illegal. Cite her and let her go.
And . . . how many other cars were on the road at the time? Just curious.
It is not illegal to use your cellphone in Texas. There is no state law prohibiting it.
Some cities (Blue) enacted such a law but there is no state law against it.
Watch the whole video - Mrs. West wasn’t exactly the most cooperative, the officer ran a poor field sobriety test and based on both of those things, the officer made a (bad) judgement call - but it wasn’t without some basis in fact. One problem is that unlike some other countries, we don’t have field tests for drugs and the physical parts of the FST are unfortunately subjective. The Brits, for example, have objective field tests for marijuana and cocaine.
Don’t have to prove I wasn’t.
Burden of proof is one the state to prove I was.
Subpoena my cellphone records, then we will discuss in court, criminal AND during the civil lawsuit for false arrest.
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