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Holding a Cell Phone While Driving

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  • 03-17-2012, 02:50 PM
    lurkertom
    Re: Holding a Cell Phone While Driving
    E thuggin' on an advice forum = Awesome.

    Do your own homework...troll.

    Your questions have been answered.
  • 03-17-2012, 02:54 PM
    cdwjava
    Re: Holding a Cell Phone While Driving
    Quote:

    Quoting borntodeal
    View Post
    Would you like me to dig out case law about off-duty police conduct sergeant? Be cautious, I will keep going with this.

    Oh, you don't want to go there, friend.

    I can go on and on about off duty conduct and what does and does not constitute a legal nexus that might subject me to discipline. But, nothing you can provide can legally compel me to provide you with information I do not choose to provide.

    Why don't you just take a chill pill, apply for a trial by written declaration, and if you lose request a trial de novo. You will have two shots to contest the citation.
  • 03-20-2012, 03:21 AM
    LBaker
    Re: Holding a Cell Phone While Driving
    Quote:

    Quoting borntodeal
    View Post
    My question involves a traffic ticket from the state of: California

    Does holding a cell phone to check the time constitute "use" in California?

    If no call is being made?

    It depends on where you are. Some jurisdictions will cite (and even convict) for holding phones, while some look for actual phone use (holding up to ear) to cite.

    For what it's worth, using the phone GPS and Contacts applications are not illegal, so touching phone itself is not illegal. You still can be cited, but it's up to you to defend yourself against the officer's claim in court. People have had their tickets dismissed based on GPS use arguments. However if you were actually talking on the phone and the officer can testify seeing you talking on the phone, you don't have much of a case.

    Don't argue with cdwjava. While many here offer advices based on personal feelings and assumptions, his advices are generally good and based on experience. You many not like the answer, but they are fair.
  • 03-21-2012, 10:53 AM
    sniper
    Re: Holding a Cell Phone While Driving
    Quote:

    Quoting LBaker
    View Post
    Don't argue with cdwjava. While many here offer advices based on personal feelings and assumptions, his advices are generally good and based on experience. You many not like the answer, but they are fair.

    People never like answers from law enforcement officers. The want to know "How do I get out of my ticket?" and then get a reply stating why it is illegal. Then they say, "This chump spewes out garbage saying what I did is illegal. He's stupid. I came here for advice and he wants to lecture me"
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