Hey I was probably the only lucky person in all of CA to end up with one of these but heres the situation. I thought I was in the right but the police seem to disagree. The code seems vague in IMO.

Driving while talking on speakerphone away from me yet holding the phone in my hand. Its safer than having it slide all over the car and be reaching all over the place to try and put it back. The cop told me he did not actually see me on my phone but another officer radioed him and told him I was. I didn't deny I was on the phone, but nicely let him know I was using the phones speaker phone function. He then told me the above and wrote me a ticket for it, I should say he was very nice about it though.

Am I just crazy or did everything I saw on the news indicate using the speakerphone on your phone was fine you just could not have the phone up to your head?! I have asked around so far and everyone I ask seems to have the same impression. So now I am looking at a $141 fine. Has anyone had any dealings with these tickets? Can anyone here in LE comment on it?

Your thoughts are welcomed! Thanks, Mike

 

If you were holding it, you were violating it. Glad I got bluetooth in my car. Not like they can see through my tint anyways. Hope they reduce it for ya.

 

Hmm... guess I should avoid doing it then.

 

Yes

 

Bluetooth in the car is the way to go. Built-in or add-on or ear piece. Aka (key word here --->) 'hands free' device).

 

yea i dont understand why people think its ok HOLDING their phone and still talking on it

 

So true...

 

the one thing i dont like about most bluetooth is the quality some of them really suck (audio to low, cant be heard by the other person, static)

 

A few of my friends/acquaintances have been busted for this violation. You simply cannot hold the phone, even if using the speakerphone function. I always see people using speakerphone holding the handset about a foot or two from their head. That is just as illegal as putting it up against your ear.

 

hold the phone like you're proping your head. nobody can tell the difference.

 

Whats BS is that I always spot cops on there phone while driving WTF

 

Since when do all follow the same traffic laws we're supposed to

 

Simple, we are exempt while at work and operating an emergency vehicle (police car, firetruck, ambulance, etc.).

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.
(c) This section does not apply to a person using a wireless
telephone for emergency purposes, including, but not limited to, an
emergency call to a law enforcement agency, health care provider,
fire department, or other emergency services agency or entity.
(d) This section does not apply to an emergency services
professional using a wireless telephone while operating an authorized
emergency vehicle, as defined in Section 165, in the course and
scope of his or her duties.
(e) This section does not apply to a person when using a digital
two-way radio that utilizes a wireless telephone that operates by
depressing a push-to-talk feature and does not require immediate
proximity to the ear of the user, and the person is driving one of
the following vehicles:
(1) (A) A motor truck, as defined in Section 410, or a truck
tractor, as defined in Section 655, that requires either a commercial
class A or class B driver's license to operate.
(B) The exemption under subparagraph (A) does not apply to a
person driving a pickup truck, as defined in Section 471.
(2) An implement of husbandry that is listed or described in
Chapter 1 (commencing with Section 36000) of Division 16.
(3) A farm vehicle that is exempt from registration and displays
an identification plate as specified in Section 5014 and is listed in
Section 36101.
(4) A commercial vehicle, as defined in Section 260, that is
registered to a farmer and driven by the farmer or an employee of the
farmer, and is used in conducting commercial agricultural
operations, including, but not limited to, transporting agricultural
products, farm machinery, or farm supplies to, or from, a farm.
(5) A tow truck, as defined in Section 615.
(f) This section does not apply to a person driving a schoolbus or
transit vehicle that is subject to Section 23125.
(g) This section does not apply to a person while driving a motor
vehicle on private property.
(h) This section shall become operative on July 1, 2008, and shall
remain in effect only until July 1, 2011, and, as of July 1, 2011,
is repealed.

 

very nice

 

aaawww i see, thanks!

Question so in the 1st section it says a base fine of $20 then why is his ticket $141?

If he were go to walk in court would they lower it? Just curious