My question involves a traffic ticket from the state of: California
Pulled over while using a cell phone with speakerphone function on, cell phone was not in hand but inside the door handle. Officer said he noticed no one in the vehicle and talking without a Bluetooth or other device when asked about talking with the speakerphone on he said it doesn't matter still counts as distracted driving. This ticket is for "cellphone use" (this is what is written on it) and not "careless driving" just wanted to clarify that since there wasn't an option for cell phone use and the officer said the ticket was for distracted driving I thought it was the same.
I was planning on contesting this in court because according to the CA DMV website for Cell Phone Law FAQ (http://dmv.ca.gov/cellularphonelaws/) it says:
"Q: Does the “hands-free” law allow you to use the speaker phone function of your wireless telephone while driving?
A: Yes, as long as you are not holding the phone. "
Therefore no ticket should have been issued and I don't think this officer knew the law properly. Also the same website states that:
"Q: Are there exceptions for dialing?
A: This law does not prohibit reading, selecting or entering a phone number, or name in an electronic wireless device for the purpose of making or receiving a phone call. Drivers are strongly urged not to enter a phone number while driving."
so wouldn't that mean that even if he saw me dialing or ending the call since the actual "use" of the phone it wasn't in hand then it doesn't matter.