It's against the law to check the time

BadGirl

I am so very blessed
I was driving our beater car the other week, the one that I try to keep at my office parking lot in case I need to get home outside of my carpool arrival/departure times. This was right after the time change, so the clock in the old car was off on the time....actually, even before the time change, we had put in a new battery and had never adjusted the clock to the correct time.

Anyway, I was about to come up to the guard shack at Gate 1 when I picked up my phone to glance at the time to see just how late I was for a meeting. When I got to the guard, a police officer approached my vehicle to ask if I had my phone in my hand. I did, so I said "yes"....not fully explaining that I wasn't on the phone nor texting, and that I was simply looking at the time.

He gave me a $108 ticket.

So, when "they" say that they are cracking down on cell phone use in the car, they aren't messing around.

The ticket states the offense as "Driver using hands to use handheld telephone while motor vehicle is in motion." But if I had had a clock in my purse, had dug around to look for it, and glanced at the time, it would have been perfectly legal in this context.


This irks me. :burning:
 
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Good to know! I do know a few weeks back when I was halted at the guard while waiting for a reject to drive out, I had one of them notice I had a blue tooth on my ear and he said that wasn't allowed on base. I took it off and he was happy. Now I make it a habit to take it off as I sit for the light waiting to turn onto the base. I can honestly say I wouldn't think twice about checking the time on my cellphone... now I will.
 

MADPEBS1

Man, I'm still here !!!
that suxs! Hey cop, ya really didn't need to do that azzhat, could have nicely said, please don't do that again !!!!

Hope the Sheriff and Stateie start getting harder on people with phones to their ears !!!!!!!!
 

RoseRed

American Beauty
PREMO Member
I was driving our beater car the other week, the one that I try to keep at my office parking lot in case I need to get home outside of my carpool arrival/departure times. This was right after the time change, so the clock in the old car was off on the time....actually, even before the time change, we had put in a new battery and had never adjusted the clock to the correct time.

Anyway, I was about to come up to the guard shack at Gate 1 when I picked up my phone to glance at the time to see just how late I was for a meeting. When I got to the guard, a police officer approached my vehicle to ask if I had my phone in my hand. I did, so I said "yes"....not fully explaining that I wasn't on the phone nor texting, and that I was simply looking at the time.

He gave me a $108 ticket.

So, when "they" say that they are cracking down on cell phone use in the car, they aren't messing around.

The ticket states the offense as "Driver using hands to use handheld telephone while motor vehicle is in motion." But if I had had a clock in my purse, had dug around to look for it, and glanced at the time, it would have been perfectly legal in this context.


This irks me. :burning:
If it were me, I would go plead my case to the Captain (Dougherty?) and see if it can be reduced. I did for my one and only ticket I ever got on base, 17 years ago. It worked.
 

BadGirl

I am so very blessed
If it were me, I would go plead my case to the Captain (Dougherty?) and see if it can be reduced. I did for my one and only ticket I ever got on base, 17 years ago. It worked.
Maybe I will. I'm not afraid of admitting when I was wrong, but I wasn't on a phone call or texting, as he believed.

Besides, $108 can buy a heck of a lot of glitter.
 

RoseRed

American Beauty
PREMO Member
Maybe I will. I'm not afraid of admitting when I was wrong, but I wasn't on a phone call or texting, as he believed.

Besides, $108 can buy a heck of a lot of glitter.
The worst he can say is no. :shrug:
 

Rommey

Well-Known Member
Search for the actual text of the law (I'm assuming they cited you for violation of Md. TRANSPORTATION Code Ann. § 21-1124.2) and go to court. I would have the state show specifically which part of the statute you violated.
 

Restitution

New Member
Search for the actual text of the law (I'm assuming they cited you for violation of Md. TRANSPORTATION Code Ann. § 21-1124.2) and go to court. I would have the state show specifically which part of the statute you violated.
The state doesn't have to prove anything. It's a FEDERAL ticket.
 

vraiblonde

Board Mommy
PREMO Member
Patron
And yet every single day I see people actively talking on their phone (not hands free) and texting while actually operating a moving vehicle.

I would fight that ticket.

Did you tell the cop that you were just looking at the time? He can look at your phone and see whether you had any calls or texts at that time if he wants to make you prove it.
 

BadGirl

I am so very blessed
2010 Maryland Code
TRANSPORTATION
TITLE 21 - VEHICLE LAWS - RULES OF THE ROAD
Subtitle 11 - Miscellaneous Rules

Section 21-1124.2 - Communications Traffic Safety Act.
§ 21-1124.2. Communications Traffic Safety Act.



(a) Definitions.-

(1) In this section the following words have the meanings indicated.

(2) "Handheld telephone" means a handheld device used to access wireless telephone service.

(3) "9-1-1 system" has the meaning stated in § 1-301 of the Public Safety Article.

(b) Exceptions to applicability of section.- This section does not apply to:

(1) Emergency use of a handheld telephone, including calls to:

(i) A 9-1-1 system;

(ii) A hospital;

(iii) An ambulance service provider;

(iv) A fire department;

(v) A law enforcement agency; or

(vi) A first aid squad;

(2) Use of a handheld telephone by the following individuals when acting within the scope of official duty:

(i) Law enforcement personnel; and

(ii) Emergency personnel;

(3) Use of a handheld telephone as a text messaging device as defined in § 21-1124.1 of this subtitle; and

(4) Use of a handheld telephone as a communication device utilizing push-to-talk technology by an individual operating a commercial motor vehicle, as defined in 49 CFR Part 390.5 of the Federal Motor Carrier Safety Regulations.

(c) Persons prohibited from use of handheld telephone while driving.- The following individuals may not use a handheld telephone while operating a motor vehicle:

(1) A driver of a Class H (school) vehicle that is carrying passengers and in motion; and

(2) A holder of a learner's instructional permit or a provisional driver's license who is 18 years of age or older.

(d) Prohibited use of handheld telephone while vehicle is in motion.-

(1) This subsection does not apply to an individual specified in subsection (c) of this section.

(2) A driver of a motor vehicle that is in motion may not use the driver's hands to use a handheld telephone other than to initiate or terminate a wireless telephone call or to turn on or turn off the handheld telephone.

(e) Enforcement as secondary offense.- A police officer may enforce this section only as a secondary action when the police officer detains a driver for a suspected violation of another provision of the Code.

(f) Penalties.-

(1) A person convicted of a violation of this section is subject to the following penalties:

(i) For a first offense, a fine of not more than $40; and

(ii) For a second or subsequent offense, a fine of $100.

(2) For a first offense under this section, points may not be assessed against the individual under § 16-402 of this article unless the offense contributes to an accident.

(g) Penalties - Waiver.- The court may waive a penalty under subsection (f) of this section for a person who:

(1) Is convicted of a first offense under this section; and

(2) Provides proof that the person has acquired a hands-free accessory, an attachment or add-on, a built-in feature, or an addition for the person's handheld telephone that will allow the person to operate a motor vehicle in accordance with this section.



[2010, chs. 538, 716.]

Disclaimer: These codes may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
 

glhs837

Power with Control
Guys, any ticket you get in base is not written against MD code. And fighting it not so easy. I'm pretty sure Doc retired years ago.
 

MADPEBS1

Man, I'm still here !!!
ticket should have date / time stamp. Either save off or ask your provider for the call log for that day. When you go to court, drop that in the desk !
 

kom526

They call me ... Sarcasmo
You can get a ladies Timex watch for less than $40. :shrug:
 
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vraiblonde

Board Mommy
PREMO Member
Patron
It's illegal to be using a handheld device.
I believe the intent of the law was to keep people from talking on their phone or texting while driving. It's stupid to get a ticket for checking the time while waiting to go through a gate.
 
But how can it be illegal to check the time?
It's illegal for me to have my Bluetooth on my ear when I drive on base regardless as to whether it's on and even though I'm not on a call. So I'm going to assume that even if all she was doing was checking the time, she was checking it on a hand-held device which is a direct violation. Right or wrong we all agree to it when we get our base access.

I honestly never would have thought twice about checking the time on my phone either. Tracy saved me $108... she probably things in the least I should by her lunch...:ohwell:
 
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