I was driving to work this AM when I was pulled over. I was not speeding, not swerving or impeding traffic. The undercover cop, who was not in uniform, loudly and sternly cited I was texting and driving. Confused, I tried to reason with the cop but he wasn’t having it. The officer kept saying “he saw me” and that I was driving with no hands, when my hands were actually on the bottom of my steering wheel. He came back to my vehicle with my information and said I was not driving a prudent speed. He also signed “served” where I would accept the ticket and he did not sign. Ticket shows I was driving 40 in a 40 and R & P shows 40 as well, but he still was adamant about me texting and driving. He did not have a body cam, and only went off “what he saw” to give me a ticket. I was cited for ARS28-701A.
You can do driving school if eligible or you can fight it. I have heard that police consider any speed while texting as greater than reasonable and prudent, but I think that is twisting the law. The legislature has considered texting while driving a few times and has not passed a law prohibiting it. Obviously it depends on the judge, but I don't think it violates the law as written or as intended. Even if you lose you can appeal.
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