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  1. #1
    Join Date
    Feb 2011
    Posts
    2

    Default Using Wireless Device Without a Hands-Free Device, VC 23123a

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

    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?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,776

    Default Re: Using Wireless Device W/O Handsfree Device, Vc-23123a

    Sorry, if it was a phone and you were holding it in your hand and doing anything with it you are guilty of the violation. Doesn't matter if you were texting, adjusting the GPS, or playing breakout on it.

    The out you may have is that the law says "while driving" so "stopped at the light" may get you some grace from the judge (especially if you assert you were just manipulating the GPS feature).

  3. #3
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Using Wireless Device W/O Handsfree Device, Vc-23123a

    Quote Quoting driver13
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    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.
    "Looking up directions on the GPS on your phone" means "using your wireless telephone", does it not?

    Well here's the code section you were cited for:
    23123. (a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.


    As for your analogy about being at a complete stop, you were in "physical control of the vehicle" (see VC 305 for a definition of "driver"... So I'm not sure that's going to fly either.

    You can bet that the judge has heard both arguments more than you think, so your descriptions may amount to nothing more than a "guilty with an explanation" (which is still a "guilty plea").

    That being said, a 23123(a) is a zero point violation and is not eligible for a traffic school dismissal. So you've got nothing to risk by fighting it. Who knows, maybe the officer won't show up!

    Good luck.

  4. #4
    Join Date
    Mar 2008
    Posts
    6

    Default Re: Using Wireless Device W/O Handsfree Device, Vc-23123a

    Don't worry about it. It should get thrown out. If he accused you of texting, you're going to get off. If you look at another subset of vehicle code 23123.5(b) says, "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."

    I would submit a discovery request. If the officer wrote on his notes that you were using your GPS, you're off free or if he admits to it in court (question him). If he wrote it on his notes, then he will say you were on his GPS. Remember, you have the right to question the officer during trial. Just get him to answer to that and you're fine.

    Hope it helps. Everyone else is so harsh on here. Like they're cops!

  5. #5
    Join Date
    Nov 2007
    Location
    Northern California
    Posts
    832

    Default Re: Using Wireless Device W/O Handsfree Device, Vc-23123a

    Quote Quoting vc4re
    View Post
    Don't worry about it. It should get thrown out. If he accused you of texting, you're going to get off. If you look at another subset of vehicle code 23123.5(b) says, "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."
    Actually, he was pulled over for texting, however the officer accused (in a written citation) he violated 23123(a) VC - CELL PHONE. PC for the stop seems to be met. Sacramento County seems to be pretty nice to people on their smart phones using a GPS device. They usually throw out the cell phone ticket if you were GPSing.

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