Q: Should I fight a MI 257.602b case for using my phone as a map while driving? It was not affixed to the vehicle.
I received a ticket in Ogemaw County, MI for holding my phone to use it as a map/gps (as remarked on the citation). I was cited under the texting and driving law that specifies "a person shall not read, manually type, or send a text message on a wireless 2-way communication device that is located in the person's hand or in the person's lap". My grounds for fighting this are that I did not violate this law due to no text message being read, typed, or sent. The officer told me that the Judge has ruled in favor of upholding similar tickets based on the statement "As used in this subsection wireless 2-way communication device does not include a global positioning or navigation system that is affixed to the motor vehicle". As I understand it, that is simply an exception to affixed GPS/Navigation devices and in no way does it imply that using a cellphone for MAP/GPS is "texting". However, I am unable to view any previous decisions from this court or find any precedent in Michigan.
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