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Inattentive Driving Ticket Help

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klumblane

Junior Member
What is the name of your state (only U.S. law)? Minnesota

So tonight I was driving and happened to look down at my lap, no cell phone no nothing when a Highway patrol driving the other way saw me looking down. By the time he caught up to me I had just pulled to a busy stoplight that had just turned Red so I was going to be there for several minutes. In this time i had picked up my PSP I had just purchased and was holding it in my hands, it was not powered on or anything. He got out of his car at this stop light and told me to pull over once we get through the intersection. I do so and he then sites me with 169.14.1 which is a citation for "Duty to drive with due care. Speed greater than is reasonable and prudent under the conditions".

Should I dispute this? do I have an honest case? I was completely stopped at a red light and while yes it is technically an electronic device, it was not powered on and from my understanding its just as "illegal" to be checking your watch or gps while stopped at a light.

Thanks in advance.
 


adjusterjack

Senior Member
Should I dispute this? do I have an honest case? I was completely stopped at a red light and while yes it is technically an electronic device, it was not powered on and from my understanding its just as "illegal" to be checking your watch or gps while stopped at a light.

Your citation has nothing to do with what you were doing at the stoplight.

169.14 SPEED LIMITS, ZONES; RADAR.
§ Subdivision 1.Duty to drive with due care. No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions. Every driver is responsible for becoming and remaining aware of the actual and potential hazards then existing on the highway and must use due care in operating a vehicle. In every event speed shall be so restricted as may be necessary to avoid colliding with any person, vehicle or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons to use due care.

The emphasized sentence is what you were cited for.

At the moment you looked down, you had no idea what was happening on the road ahead of you.

That's what you got cited for.

I don't see you having any defense if the officer testifies that you weren't looking ahead while your vehicle was moving.
 
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klumblane

Junior Member
Your citation has nothing to do with what you were doing at the stoplight.



The emphasized sentence is what you were cited for.

At the moment you looked down, you had no idea what was happening on the road ahead of you.

That's what you got cited for.

I don't see you having any defense if the officer testifies that you weren't looking ahead while your vehicle was moving.


So I was given a ticket because in the 4 seconds max that he saw me as we drove past each other, I happened to be glancing down? How is this any different than glancing out a side window?
 

adjusterjack

Senior Member
So I was given a ticket because in the 4 seconds max that he saw me as we drove past each other, I happened to be glancing down?

4 seconds? You think 4 seconds is nothing?

At 35mph you travel 51' in 1 second. That's 204' in 4 seconds or more than 10 car lengths.
At 40mph you travel 59' in 1 second. That's 236' in 4 seconds or about 12 car lengths.

Traffic ahead of you could have come to a stop in those 4 seconds while you were looking down and by the time you looked back up you're crashing into the cars in front of you.

How is this any different than glancing out a side window?

Ever hear of peripheral vision? When you glance out the side window your peripheral vision can still see what's happening up ahead. When you look down you don't see anything but your legs and the carpet.
 

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