Q&A - Using Cell Phone GPS While Driving
Q: I want to ask a question about disputing a traffic ticket. I’ve searched through this site and most talk about touching the phone, but in my case I did not touch the phone but simply bent over to correctly read the map direction. Unfortunately I didn’t have a mounting device and the phone was placed near the gear/side break (hence the bending over slightly to the right to see it).
The officer then pulled me over saying he saw me bend over and saw the phone with the maps app on right next to the gear. He wrote me a ticket for MVA 214.2(1) "Use electronic device" and I would like to dispute it on the grounds that I was not “using” it as per the MVA (holding it in the hand, swiping the screen, talking to it, etc.).
He didn't ask for my signature, so the ticket is unsigned by me.
The officer did mention while giving me the ticket to dispute it first, then when we meet at the hearing, show proof that I'd bought a mounting device (which I did) and he'd "reduce the amount." But I'm wondering if there's a way to dispute it altogether, as I've looked it up and read this will cost 4 penalty points as well as another $175 (on top of the $368) for first infractions.
I'm a class 5 driver.
Is this valid?