Should You Plead Guilty or Not Guilty to a Cell Phone Ticket?
When faced with a cell phone ticket, many individuals wonder whether they should plead guilty or not guilty. This question can be particularly complex for licensed radio operators who may be operating a 2-way radio in the 440 MHz band while driving. This article delves into the strategies and considerations for determining the best course of action.
The Legal Rationale
As a licensed radio operator, where federal law takes precedence over state law, the situation can become intricate. For instance, your two-way radio operates in the 440 MHz band, the same band as cell phones. You are licensed to operate radios in various settings: in your car, on your roof, in your room, on the street, in a library, at a school, on a bus, and even on a boat. The distinctions between a cell phone and a 2-way radio can be blurred under some legal interpretations.
Legal Argument Explanation
Your argument might go like this: Your Honor, the state's case is based on the false premise that a licensed radio operator cannot simultaneously operate both a radio and a vehicle. However, the state does exempt certain classes from these laws. Federal law grants you a license to operate a 2-way radio while driving, whereas state law prohibits it in certain circumstances. Under the 10th Amendment, you believe federal law supersedes state law. Therefore, a radio is a radio is a radio, and you are properly licensed to operate a 2-way radio in the 440 MHz band in your vehicle at any time.
The State's Perspective
The state's argument is typically based on the theory that talking on a cell phone while driving is unsafe. However, you are permitted to talk to passengers and are licensed to use a radio on your hands while driving. The state must prove not only that you had the 440 MHz radio in your hand and were operating it while driving but also that it is unsafe for licensed operators to do so, while other operators are allowed to do so under certain circumstances like 'code 3' situations with sirens and high speeds.
Consequences of Pleading Guilty or Not Guilty
Deciding to plead guilty or not guilty can have significant consequences. Pleading guilty can expedite the process and often resolves the matter more quickly, but it may result in points on your driving record and a conviction on your criminal record. On the other hand, pleading not guilty can be a longer process, but you may have the potential to contest the charges and avoid a conviction. However, it's critical to note that a judge's word is often given more weight in court, and in most cases, the state’s testimony is rarely discounted.
Considerations for Contesting the Ticket
It's best to consider the following before deciding to contest the ticket:
Legal Representation: Consult with a legal professional experienced in traffic law to evaluate the strengths and weaknesses of the state’s case. Documentation: Gather any documentation that supports your legal stance, such as your certified radio license and other relevant evidence. Understanding Court Procedures: Familiarize yourself with the court procedures and the potential outcomes of contesting a ticket. Probable Outcome: Understand that if it comes down to a "he said, she said" scenario, the judge's decision is usually final and often in favor of the state, especially if the court is busy or overburdened.Conclusion
Whether to plead guilty or not guilty to a cell phone ticket depends on your personal situation and legal standing. Licensed radio operators must navigate the complex legal landscape to ensure their right to operate a 2-way radio while driving is upheld. Knowing the legal nuances and potential consequences will help you make an informed decision that best suits your interests.