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Old March 4th 14, 06:30 AM posted to misc.legal,rec.autos.driving,alt.satellite.gps.garmin
Roy[_4_]
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Posts: 9
Default I was found guilty of cellphone gps use in CA and now they overturnedthe law

On 3/3/2014 8:09 PM, Evan Platt wrote:
> On Mon, 03 Mar 2014 12:40:20 -0500, Andrew > wrote:
>
>> Evan, Richard;s comment seems most certainly applicable in general.
>> Just because a law is made however doesn't (and I would guess more often
>> than not) is not retroactive.

>
> What?! No, richard's comments make absolutely no sense.
>
> The OP was cited for breaking a law.
>
> The law was then overturned. The OP wants to know if they can get
> their money back for the fine they paid for violating what is now no
> longer a law.
>
> Richards 'analogy' - if you can even call it that, was about the
> lowering of a speed limit.
>
> Now, I can see if maybe the analogy were that there were say there was
> a speed limit for walking on a sidewalk, and you were cited. And then
> it was found that that law was unconstitutional, and the law was
> appealed, can you get your money back for paying that fine.
>


The law wasn't overturned. It was interpreted. The statute is still
valid. You cannot use a cellphone for talking without a hands-free
device or for texting. There is also a law against distracted driving
which would include using a cellphone as a GPS.
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