# Hypothetical situation: Can I get a ticket for texting while driving when I'm not texting? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [April 8, 2014, 12:38am UTC](https://boards.straightdope.com/t/hypothetical-situation-can-i-get-a-ticket-for-texting-while-driving-when-im-not-texting/685600 "2014-04-08T00:38:27Z")\ **Posts on this page:** 10\ **Page:** 1
**Author:** ![Sir\_T-Cups](https://avatars.discourse-cdn.com/v4/letter/s/ed655f/32.png) [@Sir\_T-Cups](https://boards.straightdope.com/u/Sir_T-Cups)\ **Post date:** [April 8, 2014, 12:38am UTC](https://boards.straightdope.com/t/hypothetical-situation-can-i-get-a-ticket-for-texting-while-driving-when-im-not-texting/685600/1 "2014-04-08T00:38:27Z")
I’ve always wondered this: So I am driving in my car and I use my phone for Pandora which is plugged into my car. If I’m driving around and I don’t like the song, and I pull my phone up to skip it, and a cop catches me he will pull me over. I’m sure he’ll give me a ticket for texting while driving, but I wasn’t. Could I have a legitimate case if I can prove that I wasn’t actually TEXTING, but rather using my phone for other purposes? ---
**Author:** ![Telemark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/telemark/32/372_2.png) [@Telemark](https://boards.straightdope.com/u/Telemark)\ **Post date:** [April 8, 2014, 1:05am UTC](https://boards.straightdope.com/t/hypothetical-situation-can-i-get-a-ticket-for-texting-while-driving-when-im-not-texting/685600/2 "2014-04-08T01:05:14Z")
It depends on the actual statute. Here’s [Florida’s law](http://www.flsenate.gov/Laws/Statutes/2013/316.305) for example: > [@](#): > > A person may not operate a motor vehicle while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device or while sending or reading data 1on such a device for the purpose of nonvoice interpersonal communication, including, but not limited to, communication methods known as texting, e-mailing, and instant messaging. As used in this section, the term “wireless communications device” means any handheld device used or capable of being used in a handheld manner, that is designed or intended to receive or transmit text or character-based messages, access or store data, or connect to the Internet or any communications service as defined in s. 812.15 and that allows text communications. For the purposes of this paragraph, a motor vehicle that is stationary is not being operated and is not subject to the prohibition in this paragraph. ---
**Author:** ![Isilder](https://avatars.discourse-cdn.com/v4/letter/i/cc9497/32.png) [@Isilder](https://boards.straightdope.com/u/Isilder)\ **Post date:** [April 8, 2014, 1:40am UTC](https://boards.straightdope.com/t/hypothetical-situation-can-i-get-a-ticket-for-texting-while-driving-when-im-not-texting/685600/3 "2014-04-08T01:40:28Z")
The florida law has the grey area with ipad and other tablets. "capable of being used in a handheld manner " ? Ipad and other tablets ? Someone may say , "its a tablet not PDA… I thought they banned phone handsets like iphone and samsung and smaller… " Also an Mp3 player with bluetooth transfer could be seen to be “non-voice interpersonal communication”… which stores data… Mp3 player vs radio ? “I didn’t think they banned the use of radios”. There will always be grey areas and confusion when they define the electronics device by its function. Of course, a GPS may say on its front . " SMS TXT and MMS Capable" and so the driver who is using this GPS then gets busted because its _capable_ of being used for texting… (of course , GPS use an ARM cpu …that can run any program, they can run a computer game, even a networked computer game… the driver could be playing multiplayer HALO on a GPS screen ! ) Why don’t they just say something like “holding electronic device in hand for more than 5 seconds” and be practical. The Florida law seems to allow the weird law of “Its legal in Florida to be holding a VAX mainframe while driving but its illegal to hold a mobile phone”… ---
**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\ **Post date:** [April 8, 2014, 1:53am UTC](https://boards.straightdope.com/t/hypothetical-situation-can-i-get-a-ticket-for-texting-while-driving-when-im-not-texting/685600/4 "2014-04-08T01:53:20Z")
The Florida law quotes seems to allow texting while you’re sitting at a red light (the clause about it being okay if the vehicle is stationary). Most discussions I’ve seen specify that _you’re still operating the motor vehicle_ while waiting at a red light, and texting or otherwise using a cell phone then is not permitted. I’d be willing to bet that Florida police will take that same interpretation, notwithstanding the literal wording there. Less clear is whether you can text or use a cell phone _while sitting in the driver’s seat of a car parked along the curb on a public street_ – I’ve seen some discussion somewhere that police in some places may ticket you even for that :dubious: That sounds like something they would do in San Francisco, which has a reputation for being car-unfriendly. ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [April 8, 2014, 2:33am UTC](https://boards.straightdope.com/t/hypothetical-situation-can-i-get-a-ticket-for-texting-while-driving-when-im-not-texting/685600/5 "2014-04-08T02:33:41Z")
> [@Senegoid](#): > > That sounds like something they would do in San Francisco, which has a reputation for being car-unfriendly. Cars are the only thing that can’t go left.😉 ---
**Author:** ![Little\_Pig](https://avatars.discourse-cdn.com/v4/letter/l/c57346/32.png) [@Little\_Pig](https://boards.straightdope.com/u/Little_Pig)\ **Post date:** [April 8, 2014, 3:02am UTC](https://boards.straightdope.com/t/hypothetical-situation-can-i-get-a-ticket-for-texting-while-driving-when-im-not-texting/685600/6 "2014-04-08T03:02:25Z")
In California you must be 100% hands free. I went to court on an unrelated ticket and someone before me was fined by the judge even though they claimed they were not talking on their cell phone. Judge said, “You must be 100% hands free. Pay the baliff.” Seems if you are wearing Google Glass there is wiggle room. ---
**Author:** ![Sir\_T-Cups](https://avatars.discourse-cdn.com/v4/letter/s/ed655f/32.png) [@Sir\_T-Cups](https://boards.straightdope.com/u/Sir_T-Cups)\ **Post date:** [April 8, 2014, 4:04pm UTC](https://boards.straightdope.com/t/hypothetical-situation-can-i-get-a-ticket-for-texting-while-driving-when-im-not-texting/685600/7 "2014-04-08T16:04:49Z")
> [@Little\_Pig](#): > > In California you must be 100% hands free. I went to court on an unrelated ticket and someone before me was fined by the judge even though they claimed they were not talking on their cell phone. Judge said, “You must be 100% hands free. Pay the baliff.” Seems if you are wearing Google Glass there is wiggle room. Does this count for red lights too? ---
**Author:** ![Pixel\_Dent](https://avatars.discourse-cdn.com/v4/letter/p/bc8723/32.png) [@Pixel\_Dent](https://boards.straightdope.com/u/Pixel_Dent)\ **Post date:** [April 8, 2014, 5:16pm UTC](https://boards.straightdope.com/t/hypothetical-situation-can-i-get-a-ticket-for-texting-while-driving-when-im-not-texting/685600/8 "2014-04-08T17:16:40Z")
> [@Little\_Pig](#): > > In California you must be 100% hands free. I went to court on an unrelated ticket and someone before me was fined by the judge even though they claimed they were not talking on their cell phone. Judge said, “You must be 100% hands free. Pay the baliff.” Seems if you are wearing Google Glass there is wiggle room. In February the California 5th District Court of Appeal reversed a conviction of a man who was holding his phone while using it as a GPS. The CA attorney defending the law said that people should pull off the road to look at maps on their phone or even a GPS but the justices said this interpretation “would lead to absurd results.” ---
**Author:** ![Doctor\_Jackson](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/doctor_jackson/32/32_2.png) [@Doctor\_Jackson](https://boards.straightdope.com/u/Doctor_Jackson)\ **Post date:** [April 8, 2014, 6:13pm UTC](https://boards.straightdope.com/t/hypothetical-situation-can-i-get-a-ticket-for-texting-while-driving-when-im-not-texting/685600/9 "2014-04-08T18:13:31Z")
> [@Isilder](#): > > Also an Mp3 player with bluetooth transfer could be seen to be “non-voice interpersonal communication”… which stores data… Mp3 player vs radio ? “I didn’t think they banned the use of radios”. “Interpersonal”, by definition, means “between two people”. Twiddling with an MP3 player or radio (or A/C, GPS, etc.) would not constitute interpersonal communication. OTOH, the cop could ticket you fo “unsafe driving” if he observed you doing any of the above and concluded that it interferred with your driving. ---
**Author:** ![Little\_Pig](https://avatars.discourse-cdn.com/v4/letter/l/c57346/32.png) [@Little\_Pig](https://boards.straightdope.com/u/Little_Pig)\ **Post date:** [April 8, 2014, 6:17pm UTC](https://boards.straightdope.com/t/hypothetical-situation-can-i-get-a-ticket-for-texting-while-driving-when-im-not-texting/685600/10 "2014-04-08T18:17:26Z")
> [@Sir\_T-Cups](#): > > Does this count for red lights too? Yeup.