Timeline for What does "using an electronic communication device" mean?
Current License: CC BY-SA 3.0
14 events
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| Oct 21, 2015 at 2:55 | history | edited | user248 | CC BY-SA 3.0 |
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| Oct 20, 2015 at 23:41 | vote | accept | A.V. | ||
| Oct 20, 2015 at 23:41 | comment | added | A.V. | @nomenagentis "inartful" indeed. Thanks again | |
| Oct 20, 2015 at 23:39 | comment | added | user248 | @A.V. It excludes "hand-held wireless telephone[s]" from being eligible for the exception. But, it gives "music player" as an explicit example of something that is eligible for the exception. This is some inartful drafting :P Is a smart-phone that has a music app a "hand-held wireless telephone"? Or is it a "music player"? I think in that case the plain meaning is absolutely ambiguous, and the court would likely look to a either a legislative intent or purposive construction, but as I guess in my answer, those approaches might lead to conflicting conclusions. | |
| Oct 20, 2015 at 23:32 | history | edited | user248 | CC BY-SA 3.0 |
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| Oct 20, 2015 at 23:30 | comment | added | A.V. | @nomenagentis What effect do you think subsection 10 has on affirmative defense when it's a phone being 'used'? | |
| Oct 20, 2015 at 23:19 | comment | added | corsiKa | I think the TL;DR here is "Hard to say - ask the judge when you fight your ticket"? | |
| Oct 20, 2015 at 23:15 | comment | added | gracey209 | Practically speaking, you will have the burden of rebutting the presumption that you were using the phone in a way that is prohibited. If you bring a copy of your phone bill and show that you were not texting or talking during the time the ticket was issued, you could probably establish you were using it in a way no different than a radio, and you were not using it to communicate. Without this evidence you'll lose. | |
| Oct 20, 2015 at 22:39 | history | edited | user248 | CC BY-SA 3.0 |
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| Oct 20, 2015 at 22:38 | history | rollback | user248 |
Rollback to Revision 2
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| Oct 20, 2015 at 22:13 | comment | added | Dale M♦ | Worth noting that (probably) the use must be as an electronic communications device - if you were using it as e.g. a backscratcher then this would not constitute use (probably ... again) | |
| Oct 20, 2015 at 22:09 | history | edited | user248 | CC BY-SA 3.0 |
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| Oct 20, 2015 at 22:08 | history | edited | user248 | CC BY-SA 3.0 |
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| Oct 20, 2015 at 22:01 | history | answered | user248 | CC BY-SA 3.0 |