Reverend Ken's Blog: June 28, 2012: Post 534 (2012 Day 180)

June 28, 2012

Daily Comment

Today I appear before traffic court, to answer a ticket I got for talking on my phone while driving.

I got the ticket because I didn't realize I was doing anything ticketable. Yes, I know ignorance of the law is no excuse, but, in this case, that ignorance forced the issue.

I think it's a funny story.

I was visiting the regional Farmer's Market. On my way there, I was stopped at a roadblock, looking for inspection and registration violations. I noticed the roadblock was in both directions, that it was the end of the month (May) and was obviously a revenue push. Having all my auto stuff up-to-date, I didn't think anything about it.

A little background: A week earlier, I had gotten a new phone, my first iPhone. Still new, and still being configured and customized to my taste, I had forgotten to charge and couple my bluetooth earpiece for the new phone. It is not my habit to drive one-handed while talking on my phone. When I got a call as I was walking out of the market to my car, I just answered it.

I was still talking on the phone when I put my bag on the passenger's seat, and headed for the short drive home.

At the roadblock (it was about an hour after I had gone through in the other direction), traffic was backed up - I was about 6 cars back. Still talking

As I rolled towards the officer, I was still on the phone. Pulling up to the officer, still on the phone. I made eye contact, smiled, and was more than a little surprised when, after checking my registration and inspection stickers, the officer signaled me to roll down my window. I told the person on the other side of the phone to hold on, and complied.

The officer said he had to give me a ticket for operating a hand-held device while driving. I told him I wasn't texting (I know that's illegal, and don't care, I hardly ever text). Of course, he told me that talking was also illegal. I said, I didn't know that. He said, it's been illegal longer than texting has been illegal.

Which means it was made illegal while I was still living in North Carolina, because texting was made illegal, with a lot of publicity, shortly after I moved to Syracuse, 3 years ago. Which explains why I didn't know about it. North Carolina has no law prohibiting talking on cellphones while driving. At the time I left, there wasn't a law about texting and driving, either.

So, I got the ticket for flaunting my illegal cellphone use. I went to court to plead ignorance, and, hopefully, with my three-pronged explanation (not stupid, usually use hands-free equipment, not illegal where I moved from) get, at least, a reduced fine.

When I got to the court, the clerk told me to just sign the ticket and leave, that for a guilty plea, the amount of the fine would be sent to me in the mail, or if a not guilty plea was entered, the court date would be sent to me in the mail. I said I would plead guilty, but wanted to explain to the judge what happened. I was told I could just write my explanation on a couple of lines provided for that on the ticket. I said it was kind of a long story, and wouldn't fit on the ticket.

That, I was told, meant I would have to wait at least an hour-and-a-half. I said okay, signed appropriately, and went home (4 minutes away). I came back in an hour, and the courthouse was empty. I am so screwed on this thing. What a comedy of errors.

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