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  1. #1
    Join Date
    Jun 2015
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    1

    Default Cell Phone Ticket While Using a Device for Navigation

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

    Hi there,
    I received a cell phone ticket for holding my phone and I want to fight it using a written declaration. I was using my navigation, and I heard that that is a proper use. I can't find the code, can you please help me? I greatly appreciate your time and help.

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Cell Phone Ticket

    Here's the law
    https://www.dmv.ca.gov/portal/dmv/de...1/c12/a1/23123

    The law is on your side, though you'll likely lose the TBD if the officer submits anything.

    The operative case here is People v. Spriggs. The ruling held that using the map feature is not a violation of 23123 VC:

    In sum, based on the legislative history of section 23123 and the statute's language, as well as the Legislature's subsequent enactments of sections 23123.5 and 23124, we conclude that section 23123(a) does not prohibit all hand-held uses of a wireless telephone. Instead, it prohibits “listening and talking” on the wireless telephone unless the telephone is used in a hands-free mode. Accordingly, Spriggs did not violate the statute when he held his cellular telephone in his hand and looked at a map application while driving and his conviction must be reversed.

    People v. Spriggs, 224 Cal.App.4th 150, 168 Cal.Rptr.3d 347 (Cal. App., 2014)

  3. #3
    Join Date
    Nov 2014
    Location
    California
    Posts
    260

    Default Re: Cell Phone Ticket

    It has been done but, speaking from experience, any electronic device in your hand can get you that ticket. So if the officer says he/she saw you with the phone in hand, you might be outta luck.

  4. #4
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    Sep 2010
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    Default Re: Cell Phone Ticket

    Wess, please read the case above. The officer can say whatever he wants about you HOLDING the phone. Unless he has convincing evidence that the person was using it to make a phone call, it's not a violation of 23123 VC. If the court claims that holding it for navigation only purposes is still a violation, appeal it. The commisioners or low level judicial stooges may ignore the established case law, but the appeals courts aren't so stupid.

  5. #5
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Cell Phone Ticket

    Quote Quoting flyingron
    View Post
    The officer can say whatever he wants about you HOLDING the phone. Unless he has convincing evidence that the person was using it to make a phone call, it's not a violation of 23123 VC.
    I'm not sure I agree with the "convincing evidence" part.

    It's important to note that, in Spriggs, "BOTH Spriggs and the California Highway Patrol officer who issued the citation testified that Spriggs was cited for looking at a map on his cellular telephone while holding the telephone in his hand and driving."

    And that led to the statute analysis and the decision in Spriggs favor.

    http://www.leagle.com/decision/In%20...20v.%20SPRIGGS

    However, if the officer had testified only that he saw Spriggs USING the phone, presumptively to make a phone call, then the burden would have shifted to Spriggs to provide the "convincing evidence" that he was looking at a map and not making a phone call.

    - - - Updated - - -

    Quote Quoting Sarahnaj
    View Post
    I received a cell phone ticket for holding my phone and I want to fight it using a written declaration. I was using my navigation, and I heard that that is a proper use.
    When you cite Spriggs in your TBD make sure you have attached "convincing evidence" that you were using the phone for navigation and not for a phone call.

    Perhaps you can print out and attach your call log for that day to show no calls in or out within the time frame of the traffic stop.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Cell Phone Ticket

    Convincing evidence would be testimony that he observed the person communicating on the phone. Just holding it (as shown in Spriggs) is not sufficient. Frankly, unless you were holding it to your ear, one would argue that even if you were talking on it, you were using it in the handsfree mode under that decision.

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