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Cited for Using GPS While Driving in California

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  • 04-03-2014, 04:37 PM
    bati
    Cited for Using GPS While Driving in California
    My question involves a traffic ticket from the state of: CALIFORNIA

    VC 23123(a)

    I was pulled over for using my cellphone according to the Sheriff I explained to him that I was using the GPS feature on my phone.

    I told him I put the phone up to my ear to hear the Google maps voice on were i needed to turn and he said that i was on a phone call.

    I showed the deputy that it was clearly using maps and he said that's still consider a violation. I've read that The 5th District Court of

    Appeal sided with a Fresno man who received a $165 ticket when he consulted a map application on his phone. I've read in some other

    forums that using Handheld Phone GPS While Driving Is Legal In California. Is there a way I can successfully fight this ticket?
  • 04-04-2014, 10:17 AM
    BrianGC
    Re: Cited for Using GPS While Driving in California
    Quote:

    Quoting bati
    View Post
    My question involves a traffic ticket from the state of: CALIFORNIA

    VC 23123(a)

    I was pulled over for using my cellphone according to the Sheriff I explained to him that I was using the GPS feature on my phone.

    I told him I put the phone up to my ear to hear the Google maps voice on were i needed to turn and he said that i was on a phone call.

    I showed the deputy that it was clearly using maps and he said that's still consider a violation. I've read that The 5th District Court of

    Appeal sided with a Fresno man who received a $165 ticket when he consulted a map application on his phone. I've read in some other

    forums that using Handheld Phone GPS While Driving Is Legal In California. Is there a way I can successfully fight this ticket?

    If you had the phone up to your ear, and the cop saw that, you're getting cited. If you were holding the phone down in your hand as a typical GPS is used and not up to your ear then I'm not so sure if the average cop would write you up for that. But then he might think you are texting, which is worse than talking IMO.

    I haven't heard whether the 5th District Court of Appeals has ruled on the Fresno case, maybe someone here can comment on that. IMO it is quite a stretch to extend the prohibition of cell phone use to the use of ALL electronic devices behind the wheel. If so, maybe someday they will outlaw changing radio stations or turning on your AC/heater.

    In your case, if you have proof you were not talking or texting, and you were in fact only using your GPS, and you don't mind challenging the citation in court, you should try your luck and fight it. You have nothing to lose but a little time. But do not go to traffic school for it because it is not a moving violation and it won't affect your driving record anyway.

    Take it from someone who got three cellphone tickets in one year. I've learned that the police are very skilled at catching cellphone users. My new method of cellphone use is with a handsfree device. I don't consider it to be any safer but at least it is still legal (thanks to the power of public opinion and the cellphone industry). As for GPS and I-Pod use, I set the phone on my lap or console and operate it by only touching it with my fingertip. I won't hold it in my hand anymore. I'm beaten down.

    - - - Updated - - -

    In addition, if the Deputy pulled you over for being "on a phone call" and you have proof you were not, this may put into question his probable cause for the stop. If so, then all evidence collected during that stop could be inadmissible in court. Maybe someone else can expand on that?
  • 04-04-2014, 10:37 AM
    Mr. Knowitall
    Re: Cited for Using GPS While Driving in California
    Quote:

    Quoting So Cal
    View Post
    I haven't heard whether the 5th District Court of Appeals has ruled on the Fresno case...

    People v. Spriggs.
    Quote:

    Quoting People v Spriggs (Cal. Sup. Ct. App. Div. - April 2, 2013)
    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 telep hone. 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 applicat ion while driving and his conviction must be reversed.

  • 04-04-2014, 10:45 AM
    BrianGC
    Re: Cited for Using GPS While Driving in California
    Quote:

    Quoting bati
    View Post

    I showed the deputy that it was clearly using maps and he said that's still consider a violation.

    So the Deputy's statement would be incorrect?
  • 04-04-2014, 10:56 AM
    Mr. Knowitall
    Re: Cited for Using GPS While Driving in California
    A decision by an appellate district is binding on all Superior Courts unless there is a split of authority. As far as I know, that's the only appellate decision on the issue.
  • 04-04-2014, 11:06 AM
    bati
    Re: Cited for Using GPS While Driving in California
    Quote:

    Quoting So Cal
    View Post
    So the Deputy's statement would be incorrect?

    The Deputy seen my Google maps app running on my phone and he said GPS usage is up in the air according to the penal code.
    Deputy said that the phone has to be mounted and show me in my car where to mount my device.
  • 04-04-2014, 11:09 AM
    jk
    Re: Cited for Using GPS While Driving in California
    Quote:

    Quoting bati
    View Post
    The Deputy seen my Google maps app running on my phone and he said GPS usage is up in the air according to the penal code.
    Deputy said that the phone has to be mounted and show me in my car where to mount my device.


    Quote:

    http://www.expertlaw.com/forums/imag...quote_icon.png Quoting People v Spriggs (Cal. Sup. Ct. App. Div. - April 2, 2013)

    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 telep hone. 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 applicat ion while driving and his conviction must be reversed.
    I suspect the listening not in a hands free mode you were doing will be considered a violation.
  • 04-04-2014, 12:20 PM
    free9man
    Re: Cited for Using GPS While Driving in California
    Spriggs was decided a little more than a month ago. Such things can take time to filter down to rank & file officers to be aware of.

    You are free to use Spriggs as an argument in your defense.
  • 04-04-2014, 01:32 PM
    bati
    Re: Cited for Using GPS While Driving in California
    Quote:

    Quoting free9man
    View Post
    Spriggs was decided a little more than a month ago. Such things can take time to filter down to rank & file officers to be aware of.

    You are free to use Spriggs as an argument in your defense.

    I wasn't talking on the phone but guess listening to the device is were i might of made the mistake.

    so can i take the PDF: http://www.courts.ca.gov/opinions/documents/F066927.PDF

    and present it in court?
  • 04-05-2014, 09:25 AM
    BrianGC
    Re: Cited for Using GPS While Driving in California
    Quote:

    Quoting bati
    View Post
    I wasn't talking on the phone but guess listening to the device is were i might of made the mistake.

    so can i take the PDF: http://www.courts.ca.gov/opinions/documents/F066927.PDF

    and present it in court?

    Where you made your mistake is appearing that you were talking on the phone. Next time don't hold your GPS up to your ear. Close your windows if you can't hear it.

    As for court, you better have proof you were not on the phone or texting at that moment. They could assume your GPS defense is a falsehood since holding a GPS up to your ear is uncommon. And, you should hope that the Spriggs decision has 'filtered down to the rank & file' judges. A judge may not want to get schooled by a defendant in his courtroom on a 5th District Court of Appeals Decision.
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