Q: Any way to get out of state traffic citations dismissed if your home state laws differ from the state you were in?
I was driving home from DE to PA and was pulled over by an officer and given a $206 citation for “operating a cellular device while the vehicle was in motion.” I had a 6 hr drive ahead and wanted to get home so I avoided asking any questions because I didn’t want to appear disrespectful. If I’m not mistaken, Pennsylvania’s vehicular laws regarding cell phones only pertain to texting to my knowledge, whereas Delaware (I’ve found after doing some research) has a device ban all together. I was not driving recklessly, was well under the speed limit, and was not driving in a way that would have lead someone to believe I was distracted; I was simply using my phone GPS to get home and didn’t have a paper map to reference. It was also my first time in Delaware and while I very much understand that ignorance is no excuse, I was there for less than 24 hours and are not familiar specifically with their traffic laws and wasn’t staying long enough to feel the need to familiarize myself with them.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
