Hi,
currently the CHP is cracking down on texting while driving, but the law is pretty specific what texting is:
V C Section 23123.5 Electronic Wireless Communications Device Prohibited Use
Electronic Wireless Communications Device: Prohibited Use
23123. (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.
Dialling and entering names is explicitly allowed, I wonder what else is legal/illegal while driving in CA:
- Using the phone as GPS, including entering addresses/destinations
- Using as media player, hooked up to the car stereo; using the player controls
- Browsing web sites or reading other things on the device (not really smart, but legal?)
- Reading/writing emails
In my own non-expert interpretation, I would consider 1 and 2 legal, 3 questionable, and 4 illegal because it falls within the texting definition.
I assume a cop could ticket you if you are creating an unsafe situation, but what does this mean, does the driving have to be erratic?
Finally, given that extensive typing around on a smartphone while driving can be legal, how can a cop ever prove texting, unless he was standing right beside your window to read your screen or has your texting logs?
Thanks,
Alex