dont go to court if you feel like your just going to pay it. because the court adds up tons and tons of fees. so just pay it and dont go to court to try and fight it....

 

The cell phone law is a joke. If it were up to me the fine should be at least $500 and points on your driving record. I see too many careless drivers yapping away and causing accidents and or injuries. My friend punctured his lung because an idiot in a truck talking on his cell pulled out in front of his motorcycle. Bluetooth helps a little, but studies have shown it is still a distraction.

 

when i 1st saw the thread title, i immediately thought.. you knew the law, you chose to break by using your phone... you chose to pay the fune BUT! after reading your post, i would have to say i too have had that same question. Technically, you're allowed to use a hands-free phone and technically, you were holiding it.


Chippie, Is my understanding of the section code you posted correct?

 

I agree with you. When you are deep in a conversation, it's very hard to pay attention to what's around.

 

If I think I understand what you are saying, no.

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.
(b) 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.

When it says, "specifically designed and configured", my interpretation is Bluetooth or one of those wire earpiece/mics or speaker phone as long as you aren't holding it. Those were our marching orders for citing, from the brass as well.

The ticket is $141 because the county starts adding up all the other fees which are a percentage of the BASE fine. Speed is usually $35 or so, but by the time the court does the math, it's closer to $200.

 

^thanks again for the clarification

 

If you still want to hold your cellphone while driving, do it like this

 

the phone conversation is the distraction not the holding the phone to your head.. i don't get why they even have this law.. it should be illegal to talk on a phone, talk to passengers, listen to the radio, or do anything but drive.. honestly, if we were super strict, driving would be boring as hell, but there would be less accidents

 

the law calls for hands-free calling. your phone was in your hand. you got a ticket. pay it and forget about it.

 

Bay area cops are whack and are just tryin to suck out money! the cell phone tix are total bs!

 

I think it's a great law and i think they are way under-enforcing it.

I can spot someone on their cell phone without even seeing the driver. Their speed goes up and down and they weave from one side of the lane to the other. Get up along side them and sure enough they are holding their little brick up to the side of their heads.

 

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Agreed

 

MIKE! Too bad you admitted it... That's kind of a hard one... I think i wouldve played dumb for a minute and then found out "his friend" told him... and then denied it. Never underestimate the power of denial. I've been pulled over 3 times for speeding (no bashing it was only like 5-10 over, in the industrial area, south watt.) and each time i told them, nope i wasn't speeding. Low and behold they let me go. But not before they make it abundantly clear that they are pissed that I didnt respond the way he wanted me to, to the old "are you in a hurry?" I just say nawwww... I wasnt speeding if thats what your inplying.