Cited for Unsafe Driving After Swerving

**brendo** · 09-26-2011, 09:33 PM

My question involves a traffic ticket from the state of: California

Fairly bizarre, I am selecting a song on my phone to play over my blutooth Audio. The song isn't working so I try to figure out why, only painted road on highway and swerve over a little with out the bumps telling me. Lights behind me. Pull over..

Cop says I get you for texting while driving, I say ok I was actually selecting a song but I did become distracted admittedly.

Cop then says ok well I'm just going to give you an unsafe speed ticket instead: (Implying to me that it's a downgrade from what I know is a $20 fine).

Bizzare ticket receipt on many levels. Says my speed aprox is 65, and max speed is 65. Safe speed has a 0 on it.

Also the car is leased to my company yet he puts same as driver.

I'm left puzzled why he would give me what I now know is a speeding ticket (never gotten a ticket before) rather than the texting while driving? Yet my speed on the ticket is the speed limit?

Any help here?

**That Guy** · 09-26-2011, 09:51 PM

Quoting brendo

My question involves a traffic ticket from the state of: California

Fairly bizarre, I am selecting a song on my phone to play over my blutooth Audio. The song isn't working so I try to figure out why, only painted road on highway and swerve over a little with out the bumps telling me. Lights behind me. Pull over..

Cop says I get you for texting while driving, I say ok I was actually selecting a song but I did become distracted admittedly.

Cop then says ok well I'm just going to give you an unsafe speed ticket instead: (Implying to me that it's a downgrade from what I know is a $20 fine).

Bizzare ticket receipt on many levels. Says my speed aprox is 65, and max speed is 65. Safe speed has a 0 on it.

Also the car is leased to my company yet he puts same as driver.

I'm left puzzled why he would give me what I now know is a speeding ticket (never gotten a ticket before) rather than the texting while driving? Yet my speed on the ticket is the speed limit?

Any help here?

He cited you for CVC 22350?

If so, that would imply the your speed while doing whatever it was you were doing should have been ZERO. Meaning, figure out why your phone isn't working while you're parked, NOT while driving at 65mph!!!

**brendo** · 09-26-2011, 09:52 PM

Quoting That Guy

He cited you for CVC 22350?

If so, that would imply the your speed while doing whatever it was you were doing should have been ZERO. Meaning, figure out why your phone isn't working while you're parked, NOT while driving at 65mph!!!

Yes but I didn't break the law and I never told him that. The law I broke was texting while driving and that is what I was pulled over for.

**That Guy** · 09-26-2011, 09:56 PM

Quoting brendo

Yes but I didn't break the law and I never told him that. The law I broke was texting while driving and that is what I was pulled over for.

Driving while distracted IS against the law,, and so is driving at an unsafe speed. And I am not sure where you get the idea that the officer can only cite you for what you tell him about or for the same reason he pulled you over for, but that is not true!

**brendo** · 09-26-2011, 10:05 PM

Quoting That Guy

Driving while distracted IS against the law,, and so is driving at an unsafe speed. And I am not sure where you get the idea that the officer can only cite you for what you tell him about or for the same reason he pulled you over for, but that is not true!

So he can just arbitrarily judge to give me a more expensive ticket for no reason? Then why have the texting while driving law at all then?

**That Guy** · 09-26-2011, 10:10 PM

Quoting brendo

So he can just arbitrarily judge to give me a more expensive ticket for no reason?

He didn't "judge" you, he only "cited" you... The judging happens in court!

Quoting brendo

Then why have the texting while driving law at all then?

I thought you said you weren't texting! He believed you... You admitted to driving while distracted, and he believed you then too, and cited you accordingly!!!

**quirkyquark** · 09-26-2011, 11:43 PM

Wait until you get the courtesy notice to find out exactly what it's cited as. It may even be amended. Once that's figured out, you have a very good chance of having this thrown out at TBD or TDN (maybe even at arraignment depending on how it shows up in the system).

Since you were not ABOVE the limit, your speed is presumed to be lawful and the cop has to prove that it was unsafe. The weather, traffic, etc. exceptions probably do not apply, so he has to show you were "at a speed which endangers the safety of persons or property." Not just that you were distracted and COULD have hit something/someone, but that you WERE affecting other drivers with your behavior. He would have had a much better chance citing you for unsafe lane change/straddling, etc.

Moral: don't get chatty with cops ticketing you.

**cdwjava** · 09-27-2011, 11:00 AM

Since CA has no distracted driver statute, this might be tough to prove. He'd have to show that this was unsafe speed and that a safe speed was 0 MPH while selecting a song ... I don't know that he can do that. However, if he observed some swerving as a result of the manipulation, then maybe he can.

I agree that citing you for the actual behavior would have been preferable to an unsafe speed cite which has a higher bar.