That's the funniest shit I've read in a long time. Originally Posted by TryWeaklymust be one fugly mother fucker that'll pay 180 per hour for phone sex when the real thing is available at the apartments for 160.
must be one fugly mother fucker that'll pay 180 per hour for phone sex when the real thing is available at the apartments for 160. Originally Posted by GlobeSpotter
Sec. 545.4251. USE OF PORTABLE WIRELESS COMMUNICATION DEVICE FOR ELECTRONIC MESSAGING; OFFENSE. (a) In this section:*Don't read just the first part of this provision ... read the "unless" part ... the Texas Code of Criminal Procedure or other law authorizes a search based on probable cause and an arrest authorizes a search and/or confiscation of evidence obtained from the search during the arrest.
(1) "Electronic message" means data that is read from or entered into a wireless communication device for the purpose of communicating with another person.
(2) "Wireless communication device" has the meaning assigned by Section 545.425.
(b) 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.
(c) It is an affirmative defense to prosecution of an
offense under this section that the operator used a portable
wireless communication device:
(1) in conjunction with a hands-free device, as
defined by Section 545.425;
(2) to report illegal activity or summon emergency
help;
(3) to read an electronic message that the person
reasonably believed concerned an emergency; or
(4) that was permanently or temporarily affixed to the
vehicle to relay information in the course of the operator's
occupational duties between the operator and:
(A) a dispatcher; or
(B) a digital network or software application
service.
(d) Subsection (b) does not apply to:
(1) an operator of an authorized emergency or law
enforcement vehicle using a portable wireless communication device while acting in an official capacity; or
(2) an operator who is licensed by the Federal
Communications Commission while operating a radio frequency device other than a portable wireless communication device.
(e) An offense under this section is a misdemeanor
punishable by a fine of at least $25 and not more than $99 unless it is shown on the trial of the offense that the defendant has been previously convicted at least one time of an offense under this
section, in which event the offense is punishable by a fine of at
least $100 and not more than $200.
(f) The Texas Department of Transportation shall post a sign
at each point at which an interstate highway or United States highway enters this state that informs an operator that:
(1) the use of a portable wireless communication device for electronic messaging while operating a motor vehicle is prohibited in this state; and
(2) the operator is subject to a fine if the operator uses a portable wireless communication device for electronic messaging while operating a motor vehicle in this state.
(g) A peace officer who stops a motor vehicle for an alleged violation of this section may not take possession of or otherwise
inspect a portable wireless communication device in the possession of the operator unless authorized by the Code of Criminal Procedure, the Penal Code, or other law.*
SECTION 6. Section 708.052, Transportation Code, is amended by adding Subsection (e-1) to read as follows:
(e-1) Notwithstanding Subsection (b), the department may not assign points to a person's license if the offense of which the person was convicted is the offense of using a portable wireless communication device for electronic messaging as described by Section 545.4251.
SECTION 7. The changes in law made by this Act to Chapter 545, Transportation Code, apply only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.
SECTION 8. This Act takes effect September 1, 2017.
This may be one of those suggestions/interpretations that may "win" at the courthouse, but may lose out on the street.
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. Originally Posted by eccieuser9500
Assume?
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"!
Originally Posted by LexusLover