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"Using" a cell phone while driving means talking or texting

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by: Ryan • August 19, 2015 • no comments

As I was reading today's opinions from the Court of Appeals on my cell phone while driving, I was pleased to discover that doing so was not illegal.

The Oregon Court of Appeals wrote a fine opinion affirming Judge Kohl's grant of a motion to suppress out of Washington County.

In State v. Rabanales-Ramos, the Court stated:

Having determined that ORS 811.507 prohibits talking and texting on a mobile communication device, but not all activities that can be performed using such a device, we now consider whether, in this case, the trooper’s belief that defendant “use[d]” a mobile communication device was objectively reasonable under the circumstances.

In all seriousness, this is a big deal for me, not because I read the opinions while driving, but because I use my cell phone to play music in the car. I have no doubt that as I search for something that fits my mood following an appearance in court (most often "Mayhem" by Imelda May), I am doing something that, before today, would have gotten me a ticket.