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  1. #1
    Join Date
    Dec 2010
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    1

    Default Ticket for Cell Phone Use, CVC 23123.5(a)

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

    I got pulled over for using my cell phone. The officer wrote on the ticket that I "appeared to be reading". I was at a red light and I was "reading" my GPS and looking at the map and directions. I was not inputting anything. I just picked up my phone and pressed a side button to illuminate the phone.

    When I told the Officer that I was using my GPS, he said it was still illegal. I replied that I didn't know it was illegal to look at my GPS at a red light and he said it was a little known law, which one would only know through research or by getting a ticket. I spoke to an LAPD officer after wards, and he said I should contest the ticket which I am doing.

    Do I have a case because I was not communicating with anyone at the time of my violation?

    Thank you for your assistance.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Ticket for Cell Phone Use (California Violation 231235a 29)

    The statute covers your conduct.
    Quote Quoting VC Sec. 23123.5. Electronic Wireless Communications Device: Prohibited Use
    (a) A person shall not drive a motor vehicle while using an electronic wireless communications device to write, send, or read a textbased communication.

    (b) As used in this section “write, send, or read a text-based communication” means using an electronic wireless communications device to manually communicate with any person using a text-based communication, including, but not limited to, communications referred to as a text message, instant message, or electronic mail.

    (c) For purposes of this section, a person shall not be deemed to be writing, reading, or sending a text-based communication if the person reads, selects, or enters a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a telephone call.

    (d) A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.

    (e) This section does not apply to an emergency services professional using an electronic wireless communications device while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.

  3. #3
    Join Date
    Feb 2011
    Posts
    2

    Default Re: Ticket for Cell Phone Use (California Violation 231235a 29)

    The same thing happened to me. I am unclear with the vehicle code. I was stopped at a red light and was pulled over because the officer thought I was texting. When I explained to him that I was looking at directions on the gps on my phone, he said it did not matter. I can prove with my phone records that I was not on the phone nor texting and I was at a complete stop. Will this help my case to fight the citation?

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Ticket for Cell Phone Use, CVC 23123.5(a)

    There's no exemption for doing applications. If it's a hand-held phone, you can't use it while driving.

  5. #5
    Join Date
    Mar 2008
    Posts
    6

    Default Re: Ticket for Cell Phone Use, CVC 23123.5(a)

    You are not in violation of the law. Look at subsection b. Fight it! Get the officer to admit your on GPS. You were not communicating with anyone so you're not guilty of that law.

  6. #6
    Join Date
    Jan 2011
    Posts
    21

    Default Re: Ticket for Cell Phone Use, CVC 23123.5(a)

    Quote Quoting flyingron
    View Post
    There's no exemption for doing applications. If it's a hand-held phone, you can't use it while driving.
    You can if you are using it for reading, selecting, or entering a telephone number or name in an
    electronic wireless communications device for the purpose of making or receiving a telephone call per 23123.5(c).

  7. #7
    Join Date
    Mar 2009
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    LA LA Land
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    9,170

    Default Re: Ticket for Cell Phone Use, CVC 23123.5(a)

    Quote Quoting LBaker
    View Post
    Quote Quoting flyingron
    There's no exemption for doing applications. If it's a hand-held phone, you can't use it while driving.
    You can if you are using it for reading, selecting, or entering a telephone number or name in an
    electronic wireless communications device for the purpose of making or receiving a telephone call per 23123.5(c).

    23123.5. (c) For purposes of this section, a person shall not be deemed to be writing, reading, or sending a text-based communication if the person reads, selects, or enters a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a telephone call.


    Which part of 23123.5(c) exempts "applications"

    And if you didn't notice, thus thread is over 15 months old... Please don't revive old threads, thanks!

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