"Using" a cell phone while driving means talking or texting
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by: Ryan • August 19, 2015 • no comments
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The Oregon Court of Appeals wrote [http://www.publications.ojd.state.or.us/docs/A156353.pdf a fine opinion] affirming Judge Kohl's grant of a motion to suppress out of Washington County. | The Oregon Court of Appeals wrote [http://www.publications.ojd.state.or.us/docs/A156353.pdf a fine opinion] affirming Judge Kohl's grant of a motion to suppress out of Washington County. |
Latest revision as of 09:37, August 20, 2015
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.