Quote:
Originally Posted by eccieuser9500
An operator commits an offense if the operator uses a portable wireless communication device to read, write, or send an electronic message while operating a motor vehicle unless the vehicle is stopped.
Just send a text at a stop sign or a red light.
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This may be one of those suggestions/interpretations that may "win" at the courthouse, but may lose out on the street.
Personally, I wouldn't want to be the "test case" on the meaning of stopped, since there is a shit load of Texas case law involving DWI's that determine that behind the wheel while the motor is running is "operating a motor vehicle" even when it's in park or neutral.
In both your scenarios the "operator" is most likely USING HIS FOOT to keep the vehicle from moving forward with the motor RUNNING."
Let's "assume" for a moment that all cops are dumbasses, like so many on here "presume," then they will rely on what they have been taught, and believe the person sitting at the light or stop sign is "operating a motor vehicle" and it's not "stopped"!
My suggestion is to play it conservative, and not be "cute" about it, for a few months until LE gets some guidance on enforcement. Many times this new laws are more frequently enforced in the beginning.
While mentioning "training" .... the symptoms of a DWI driver to provide probable cause will be almost identical to a driver while texting with regard to maintaining lanes, following too close, constant speed, direction changes, and unusually abrupt or rapid stops of the vehicle.