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Officer said would be a Caution for Distracted Driving but changed to a Ticket because of G2 License. Is this mandatory

Posted: Wed Sep 05, 2018 8:48 pm
by Smockingmommy
My daughter was charged with Distracted Driving because she was observed moving her cell phone from the passenger seat to the cup holder while stopped at a red light. I realize that technically this is Distracted Driving under the letter of the law., but my question is this: at the first interaction with the officer she acknowledged she moved the phone, but denied texting. He advised her he would only write up a caution. When he saw she was a G2 driver, his tone changed and he said it would be $490 plus a 30 day driving suspension. So my question is this, was he OBLIGATED to charge her under the HRA because she had her G2 vs her G license?

Posted: Thu Sep 06, 2018 1:30 am
by bend
It's up to the officers discretion.

However, your daughter is on the equivalent of driving probation. Distracted Driving is treated as a condition/restriction for novice drivers, much like a zero blood and alcohol level.

It's an automatic 30 day suspension for a first offense. This is fairly new as I believe it was enacted in the last year or two. When they increased the penalties for distracted driving, they became especially harsh on novice drivers.

Officers cannot simply overlook or caution for breaking conditions/restrictions. At that point the officers hands are tied and he's got to do what he's got to do.

Re: Officer said would be a Caution for Distracted Driving but changed to a Ticket because of G2 License. Is this mandat

Posted: Thu Sep 06, 2018 2:32 am
by admin
Wow that is strict but I have to say a great new law!