A Gwinnett county driver tells Channel 2 Action he has hired a lawyer and will go to court to have a texting while driving ticket dismissed.

“I don’t want this going on my record, and I don’t think the fine is justified either.” said Lawrenceville resident Todd Reese.

Reese told Channel 2’s Tom Regan he was exiting I-85 last week and remembered he had to make a call. He said he held the phone up to the steering but had not even activated the screen.

“I pulled out my phone to make a phone call, got basically this far, looked in the mirror and there were the blue lights. She (the police officer) told me she was pulling me over for texting and driving. I said that I was not texting and driving, I was about to make a phone call. She said that didn’t matter. It was still texting and driving.” said Reese.

On the citation, the officer states the driver told her that he was looking up a phone number. Reese said that he did not make that statement. He said the fine is $150.

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Since the texting and driver ban was enacted in 2010, Gwinnett County has recorded over 1800 texting and driving convictions, the most of any county in Georgia. One officer has issued over 800 citations so far this year.

“I’m not opposed to the law, it’s just like I feel Gwinnett County is expanding on it to write tickets.” said Reese

Many supporters of the texting while driving ban say it saves lives and prevents accidents.

The law states it is a violation to operate a motor vehicle while using a wireless communication device to write, send or read text based communication, including but not limited to a text message, instant message, email or Internet data.

The Gwinnett County police department said it could not comment on the individual citation.
Reese said his court appearance for the texting ticket is Dec. 3.