VC 23123a violation

[RiCorvette]

Defensible or screwed?

23123. (a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.



Summary of event:

Quick look at Map App whilst stopped at a red light.
Lone female in (an unsavory) unfamiliar area at night checking map location because Freeway on-ramp was closed - not safe to pull over to check(?)


Call records show no call use 2 hours (7:22 PM) prior to stop - 9:40 PM
Data records show use at 9:39 PM

There was no time lag putting the car in motion from the change of the red light to green - not distracted.


What say you one, what say you all?

[90503]

...Stopped at a red light is still considered driving....looking at an app on a phone is still using a wireless telephone....She could have still found a safe place to park and check her app, use her phone...."Unsavory" excuse is bs....

[So Cal Camaro]

Any use is enough for them to get you...I see cops on bicycles at intersections here in the valley whose sole purpose is to write tickets for people using their phones at stoplights...and from talking to one of them, they don't care if your talking or texting or using an app, its a violation and they give a ticket...

[SPCBA]

Originally Posted by So Cal Camaro

Any use is enough for them to get you...I see cops on bicycles at intersections here in the valley whose sole purpose is to write tickets for people using their phones at stoplights...and from talking to one of them, they don't care if your talking or texting or using an app, its a violation and they give a ticket...

use is use. caught red handed take your medicine and be a good citizen instead of trying to fight something that you admit is wrong and waste tax payer money.

[MARINE1991]

That's good hate that can cause an accident by not paying attention just like a DUI if your drunk in the car same as if you were driving

[fussboss]

If the cops are not on their cell phone and they see you then they will get you. It really bugs me how often I see a cop - phone to ear driving around.

[Synerbee]

Originally Posted by fussboss

If the cops are not on their cell phone and they see you then they will get you. It really bugs me how often I see a cop - phone to ear driving around.

They are exempt from that law. Nothing we can do except be jealous

[130R]

I would try to fight it. The spirit or intent of the law is to keep people focused on the road while driving their vehicles. If you were in fact fully at a stop at a red light, just glanced at the phone, and had it back out of view before the light turned green, I would have a hard time believing you would be found guilty, ESPECIALLY with your supporting documents showing you were not engaged in a phone call at the time.

The fact the law specifically mentions: "hands-free listening and talking", implies the term "using" to mean talking with someone.

How would looking at a map on your phone be any different than looking at a Thomas guide or foldout map at a red light?

Seems like a chicken-shit ticket if you ask me...

[cornerspeed92]

I got one while at a stop light as well,i did trial by declaration.I sated my case to the judge and won,so i say do the same.

[90503]

Originally Posted by 130R

I would try to fight it. The spirit or intent of the law is to keep people focused on the road while driving their vehicles. If you were in fact fully at a stop at a red light, just glanced at the phone, and had it back out of view before the light turned green, I would have a hard time believing you would be found guilty, ESPECIALLY with your supporting documents showing you were not engaged in a phone call at the time.

The fact the law specifically mentions: "hands-free listening and talking", implies the term "using" to mean talking with someone.

How would looking at a map on your phone be any different than looking at a Thomas guide or foldout map at a red light?

Seems like a chicken-shit ticket if you ask me...

I heard a similar news story not too long ago...and you are correct. It is illegal to use your phone, for talking, directions, etc. if it is hand held.

It is not illegal to pick up a paper map and look at it. Hen-house, perhaps, but that's how the law is interpreted. There is no law against looking at or holding an old-fashioned map.

[GunnyG]

A 3 judge panel decided about a year and a half ago...looking at/texting/talking/checking email/map/etc on a cell phone at a red-light is the same thing. Ticket! No need to fight it, the original guy that fought it was a lawyer...he lost!

[Falundir]

Originally Posted by 130R

I would try to fight it. The spirit or intent of the law is to keep people focused on the road while driving their vehicles. If you were in fact fully at a stop at a red light, just glanced at the phone, and had it back out of view before the light turned green, I would have a hard time believing you would be found guilty, ESPECIALLY with your supporting documents showing you were not engaged in a phone call at the time.

The fact the law specifically mentions: "hands-free listening and talking", implies the term "using" to mean talking with someone.

How would looking at a map on your phone be any different than looking at a Thomas guide or foldout map at a red light?

Seems like a chicken-shit ticket if you ask me...

http://www.dmv.org/articles/californ...while-driving/

The law for use of a mobile device while in operation of a motor vehicle requires that you not only come to a complete stop, but also put the car in park, or engage the parking brake.

Failure to do so will result in a citation. The intent is to remove all operation of the car prior to use of the device. If you pull over to the side of the road and only have your foot on the brake, it is a violation.

[130R]

^That's interesting, but as the person who responded right after me, it can be beat. If this law is THAT strict, then adjusting your stereo or air conditioning could be considered distracted driving.

I don't know how Steven Spriggs plead his case, but he must not have done a very good job. Let's face it, every day speeders get cases dismissed, drunk drivers get cases dismissed, and at the same time, many that commit the same offense don't. How a case is presented is a BIG factor. Have you ever sat in on a traffic court proceeding? Pretty darn funny...

No-where in the law, nor in the article is there any mention of having the car in park.

Again, the spirit of the law, and the wording of the law in regards to the term 'using', make it a winnable case under the circumstances of the OP. IMHO naturally...

[IkoIko]

Clearly you are frustrated, but you still have the citation to deal with. Rather than run the risk of losing, why not ask for Traffic School? Traffic School can be completed on-line and the entire violation is erased if you do not commit any other violations for 14 months. Either way, I wish you well.