$55 fine for wearing headphones while Driving. Bogus?

yeah... I got pulled over for listening to my iPod while I was driving.  This is my first offense... ever.  I thought that the guy would cut me some slack and send me off with a warning since it's my first offense and all but... he didn't. 
 
I was listening to the Bombcast btw.  I don't know if that justifies my actions.  What dyou guys (and gals) think? 
 
EDIT:  And I think I'll get an FM Radio Transmitter... apparently they're inexpensive. 

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