Cell Phone Ticket Question

A friend got a ticket for texting while driving. She was sitting still at a red light when the cop walked over to the car from the curb and told her to pull over; then he wrote a ticket. I did a quick search and it appears that you can't text even if the car is not moving. Then again I am not an expert so I can't say for sure.

Yes, we can discuss the above too but the question is should she fight the ticket or pay the fine and move on? There are no points for the violation but if you get tagged again the fine goes up a lot. Then again, fighting it takes time and energy.

Suggestions?

 

how much was the fine? I think the circumstances warrant fighting it, but only if the fine is worth fighting.

FWIW, I was stuck in traffic on Sunset (surprise) yesterday afternoon and was texting while sitting still. There was a cop in the lane next to me who gave me a curious look, but didn't pull me over.

 

I did not know that you can't text while sitting still at a light.

Kai

 

Here is the vehicle code. Check if the officer referenced this:

V C Section 23123.5 Electronic Wireless Communications Device Prohibited Use
Electronic Wireless Communications Device: Prohibited Use
23123. (a) A person shall not drive a motor vehicle while using an electronic wireless communications device to write, send, or read a textbased communication.

(b) As used in this section “write, send, or read a text-based communication” means using an electronic wireless communications device to manually communicate with any person using a text-based communication, including, but not limited to, communications referred to as a text message, instant message, or electronic mail.

(c) For purposes of this section, a person shall not be deemed to be writing, reading, or sending a text-based communication if the person reads, selects, or enters a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a telephone call.

(d) A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.

(e) This section does not apply to an emergency services professional using an electronic wireless communications device while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.

Added Sec. 2, Ch. 270, Stats. 2008. Effective January 1, 2009.



It boils down to what the definition of "drive" is.

Kai

 

As I recall the total fine is fairly small, something lik $94 or $97. A 2nd infraction jumps a lot but this is a first infraction. I agree that you could probably win in court but is it worth the effort and risk.

 

Pay the fine.....we need the money in california....

 

May not win the case if you go to court. Driving includes when the car is at a stop light I think. It's no different than if the car is at a stop in traffic.

Given the fine is small, it's not worth going to the court to fight I don' think.

BTW, don't wear those iphone headsets when you drive. If you have headset on both ears, that's a violation too. You can only have one ear piece.

 

Points? If not just pay the fine.

 

Not texting but I got cought talking on a cell phone while driving so I just paid the fine $140 and move on.

 

You need a Plantronics headset

Kai

 

Actually I got the Jawbone right after I paid my ticket

 

I just got pulled over yesterday (after I had already pulled into a gas station) for talking on my phone. I was in my scrubs as I had just gotten out of a surgery case and was trying to call two doctors I was having lunch with to tell them that I had just gotten called into another case the next day and would have to skip.

The officer came up and told me why he was pulling me over (which I admitted to immediately). He then asked if I was on the phone for a "medical emergency reason". I told him it wasn't an emergency and then told him why I was on the phone (the exact reason stated above).

He said, "There is one thing I have learned in my job "Never tick off someone who will handle your food or someone who might be there when you are sick. Have a nice day!" and handed me back my license. I laughed and told him that "if I ever saw him on the table, I would tell everyone to stay off their phones until after the case".

I also thanked him saying that my workout partner is a guy on his squad and was dreading calling him and having to tell him I got ticketed by one of his buddies, fearing for the crap I would have to endure every night in the gym. He laughed and was on his way.

 

Great read Bill

 

So basically, you made a call while driving to discuss lunch. I don't wish to offend you, but I think you should have been ticketed.

 

Bill, sounds like you were driving distracted. It's really hard to know for sure if someone is driving with a cell phone in his ear unless you are right next to them. The cop noticed you were driving in a distracted manner and then you didn't see him when he was close enough to see you with the phone in your ear. Get a bluetooth, keep it charged and use it. I have three cars and two of them are wired. In my other car, I have a earpiece that I leave in a cupholder. I put it on when my phone rings because it bothers me to leave it hanging on my ear with my dark glasses on.

 

I have a bluetooth but didn't have it on. Actually, he was sitting at the previous stoplight about to make a right into my road when he saw me sitting at the light on the phone. I was off the phone by the time I had pulled into the gas station on the next block or so up. I pulled in and was waiting in the line to get gas when he pulled in and turned his lights on behind me. All of this basically happened in line for the pump.

 

I learned from watching the show "Everybody Loves Raymond" that if you are sitting in the drivers seat of your car, drunk, with the key in the ignition, you can get a DUI even if the car is not running.

 

That's called NDUI Not Driving Under the Influence

 

I actually asked an officer about this exact situation after getting pulled over for not coming to a complete stop before turning right. Anyway, he said that as long as your car is running, you are driving. He said that if you are using your cell phone at a stoplight, or even stopped in a parking spot in a parking lot with your car running, you are still driving. He said he probably wouldn't ticket me in a parking lot, but he could. He said he would definitely ticket me at a light though.

 

This is the KEY POINT in determining whether one in actually driving or not.
ENGINE ON = DRIVING

 

Mmh, I always see people on the side of the road, in their car, pulled over to avoid "driving" talking on the cell phone with the engine running...

I betcha the lawmakers did not intend to make it illegal to use a cell phone in a car that's not moving in a parking lot or by the side of the street, whether or not the engine is running.

The intent of the law is to remove the distraction of handling the phone while DRIVING, that's when the accidents occur, not when you are in a parking lot or by the side of the road.

The cop is an idiot if he gives a ticket to a person in a parking spot that is on the phone with the engine running.

Kai

 

Cheryl just got a ticket for that, her first. No biggie, right? Then the letter arrives. The fine was 20.00, but with the court fees, is $156.00. And that was just to pay the ticket. It was more if you wanted to fight it and lost.

I just grumbled for an hour and then paid it.

 

I have seen two incidents where CHP officers were driving and talking on their cell phone, on the freeway. Perhaps next time I should take a picture... on the other hand, he/she might pull me over and site me for using a camera while driving.

 

The law states that law enforcement officers are excluded from the cell phone while driving law. The reasoning / explaination was that LEOs sometimes need to speak on a cell phone regarding a crime in progress and since they sometimes wear an earpiece connected to their radios, they cannot wear a bluetooth in the other ear and have both ears with an earpiece..........Sounds like a convenient excuse.

 

Hiro you should get one of these, slap it on the roof, and pull him over in the CS!!
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