Received a Ticket for using a BoxMod today

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ogredog

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Jun 2, 2011
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When will the people rise up? You cant say or do anything, you cant protect yourself, you have to get a permit for a freakin garage sale, cant smoke on the beach (i dont smoke but still) or hitch hike, cant do what you want to YOUR car, cant collect your own rainwater in washington, pay redemption tax on a dang soda can, forcing vaccinations on kids in school, heard about a school where kids cant bring there own lunch. Heaven forbid a kid has a cupcake with a note from mom. etc etc and they want to get rid of ecigs lol when cigarettes are allowed to go on. All about greedy corporations and taxes to make the gov. even bigger and rich richer.We are peasants, they are kings. people think we are free and we r not. you never really own your house you lease it. if you dont pay property tax they take it. we are slaves to the oil industry, gas and electric company, etc. and even grocery stores- without them most people have no idea how to grow food-but noone realizes it cuz they just work and plant themselves in front of the tv then get spoonfed lies 1000 times a day so they will believe it. Its even illegal to be homeless. sorry lol vape on
 
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skish

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May 15, 2010
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Agree with the above fight it.........and maybe get yourself a different mod or at least a different color :)

Nah... I'll never give up my Journeyman, Ali'i or Reo!!!

As far as the color goes... maybe Ryan or Robert can design me a camo unit.:)

They haven't left my hand in a year (except for changing units). In fact, I was continually puffing away while he was writing my ticket.
 

Diablo

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Nah... I'll never give up my Journeyman, Ali'i or Reo!!!

As far as the color goes... maybe Ryan or Robert can design me a camo unit.:)

They haven't left my hand in a year (except for changing units). In fact, I was continually puffing away while he was writing my ticket.

I wouldn't change either...

Although I am afraid I am gonna get pulled over cuz they think I'm smoking crack or pot or something. But I was vaping away at a light today with a sheriff pulled right along side of me. :)



D
 

skish

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May 15, 2010
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I wouldn't change either...

Although I am afraid I am gonna get pulled over cuz they think I'm smoking crack or pot or something. But I was vaping away at a light today with a sheriff pulled right along side of me. :)

D

Just like you Diablo, I thought he was pulling me over for smoking crack or pot so you can imagine my surprise. However, if he only KNEW what kind of e-juice I was using.:p
 

Major

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If it's already been covered, apologies but I am a retired Law Enforcement officer of 27 years service. Yes it will take some of your time but one thing (at least for now) we still have is the presumption of innocence even on a civil traffic infraction. The difference is simply that the violation for which you were cited doesn't carry a sentence of jail time in itself.

If the officer was alone, it should be as simple as showing up and saying the officer was mistaken and that you weren't using a cell. By Statute, the officers word doesn't carry more weight that yours. If he is the only one saying you did and you say you didn't, the court then has no proof to find you in violation. He may be a "trained observer" but that is not really applicable in this situation.

Be sure to take any cell phone records (or bill since it hasn't been used in months). Accessing your cell records online is easy if the date to appear is before your next bill is received. The biggest thing is to carry your PV you were using to court with you.

If the officer used a specific statute that applies to cell phones only (as does the Florida law), he has boxed himself in. If he cited you for failure to use due care while driving, it can be a bit more difficult. Any actions a driver is undertaking other than driving can and has been upheld as inherently dangerous.

Dripping and driving, changing a carto or anything that takes your eyes off the task of driving can be considered failure to use due care. I'm not saying that theory is correct but you need to be as well prepared as possible so be sure to state that your use of the PV didn't involve actions that took your eyes off the road. Normal vaping wouldn't do that - adding juice or anything like dripping or the like can be construed as a voluntary action on your part that hinders your ability to be aware of your driving.

Good luck and I think you should win it. Just make sure you don't mess yourself up with comments about anything that distracted you from driving. I might even go so as far as to relate your situation to using analogs. Smoking and driving aren't unlawful in and of itself and vaping is really no different.
 
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skish

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May 15, 2010
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Left Coast (CA & WA)
Thanks for your valuable comments Major S. It's exactly what I was looking for and make's logical sense. I just hope the Judge sees it that way.

Would you recommend me driving down to my local Police Station tomorrow to have them validate in writing the actual phone that's located in my car. The reason being is that the phone belongs to my former gf who lives 800 miles away and by doing this, maybe I can circumvent them from thinking that she simply mailed it to me AFTER the fact. In the mean time, she's retrieving the records to prove I not only don't use the cell phone but I didn't use it during the time in question.
 

seanmc

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Most definitely fight it, it was an honest mistake. I'm sure he's never seen or heard of a box mod before and honestly it looks like we're either doing drugs or talking on a cell phone. I was hit pretty hard by someone talking on her phone and got hurt pretty bad before the law was enforced. I'm sure the judge will understand.
 

OaklandCA

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Feb 27, 2010
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I just got a box mod (reo) and Everyone! keeps saying "i thought that was an old style walkie talkie" aka primitive cell phone or "whoa retro cell phone there" --alternated with comments along the line of hey what ya vapin? heh heh heh my friend has a ... vape like that.

Irony is that in CA esp "oaksterdam" it's more legal to vape ... than nicotine. I can't get a prescription and now my friggin PV looks like an (antique antenna) phone--more potential problems---hell maybe i will go back to the Ego for driving.
 

ShannonA

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Mar 15, 2011
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Thanks everyone for your input!!!

Yes, I WILL be fighting it... fighting for the simple principle of it (even if it costs me time and money). I'm just waiting to see if my former gf is able to acquire the phone activity (since it's her phone).

MustangSallie: Yes, that's my primary concern; that the phone's not mine and it'll be up to "the powers that be" to believe the phone activity is associated with the phone that was in my car. Maybe I'll have my former gf sign some sort of affidavit. Or maybe I should have called 911 when the officer was present so I had a record from the actual phone in question.

Yeah Diablo, I can only hope I get to go before a logical Judge like you did.

Funny how after all these years I've never owned, needed or hardly know how to use one and I get a ticket for "supposedly" using one. In the mean time, I've moved the phone to a jack in the rear of my Highlander so no one can accuse me of using a cell phone while I'm vaping-n-driving.

Will keep you posted how this pans out...


I'd make sure to take the phone with you and if the officer does show up ask him if that was the phone you had with you before you even mention records. If he says yes your records should go farther.

Yeah its getting crazy, but it really just depends on what state you live in. The left coast and north east are more prone to telling ppl how they can live than say the south, Texas or mid west.

Texas is almost like a country within a country they just do things different here... but here where I live they are passing hands free laws for cells. Its already illegal to use them in a school zone... quite right too it already amazes me how some people drive near the schools when they're getting out.

In fact sadly I support the hands free cells laws everywhere because I've watched people be oblivious to what's going on around them because they are too engrossed in their phone.
 

dspin

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In Ohio, you must have both hands on the wheel at all times. It's a law that most never enforce. However, there are a couple I know of that if they see you drinking coffee, pop, etc. you get a ticket.


Thats absolutely absurd. I would take it to court, often times the cops don't even show up. But if you can get the records of that phone and prove that you weren't making a call then it might be worth the satisfaction of proving him wrong. In the end though, its your time and frustration verse paying a fee - you're choice!

@ Diablo - lol, I know I live in NY and its illegal to be operating a cell phone while driving. I also thought I remember someone proposing a bill that it was illegal to be holding anything in your hands while driving, i.e., a cigarette, PV etc. I should look into that one
 
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