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  1. #1
    Join Date
    Apr 2011
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    Default What Actions are Allowed with a Smart Phone While Driving in California

    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:

    1. Using the phone as GPS, including entering addresses/destinations
    2. Using as media player, hooked up to the car stereo; using the player controls
    3. Browsing web sites or reading other things on the device (not really smart, but legal?)
    4. 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

  2. #2
    Join Date
    Mar 2009
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    Default Re: Ca: What is Allowed to Do with a Smartphone While Driving

    Not sure if you're asking because you were cited or if you're just looking for clarification, either way, here is my opinion:

    Quote Quoting alexksj
    View Post
    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.
    Don't hold your breath on those interpretations. A lot of changes regarding "distracted driving" (even jogging/riding a bicycle...etc) maybe coming soon: Legislators consider digital distractions

    Quote Quoting alexksj
    View Post
    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?
    The vehicle code section itself does not make mention of "unsafe situation" or "erratic driving". Although either of those could certainly raise a red flag that something is distracting you, the officer need not establish either of those elements to pull you over and cite you nor is he/she required to testify that either occurred to support a conviction.

    Quote Quoting alexksj
    View Post
    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?
    In my opinion, and as long as your use of your phone while driving can give the impression that you are writing/reading/texting/IMing/E-mailing (or talking without a hands free device in violation of VC 23123), then you should either pull over to a safe/legal spot to park until you're done, or refrain from doing it until you reach your destination.

    Some may suggest that you could take your phone bill to court with you to prove that you did not receive or send any messages shortly before the time indicated on the citation. However, you'll note that the code section prohibits "writing" a message (for example); so showing your bill to the court as proof that a message was not sent at the time when the officer witnessed the alleged violation may/may not cover all bases (just because you didn't send it does not mean you didn't write it). Also, and since you cannot control when you will be receiving an incoming message/IM/e-mail, your bill might show that you did receive a message at the time or shortly prior to being pulled over and cited, even if you did not attempt to read it!

    As we all know, challenging and successfully refuting the officer's testimony in court can prove to be a difficult task, so why risk having to go through the process of defending yourself when more likely than not, that message/IM/E-mail can wait.

    Incidentally, just yesterday, the State Senate agrees to raise fine for drivers texting or on phone:

    SB 28 would increase fines for motorists who use cell phones without a hands-free device or who text while driving. Significantly, a subsequent violation of either law would add a “point” on motorists’ driving records, serving as an added deterrent.

    Under SB 28, a first offense would cost $50, and subsequent offenses $100 (the current fines are $20 and $50, respectively). With penalties and fees, the total cost for a first offense would rise to approximately $309.

    The bill would also apply the rules to bicyclists, who were unintentionally omitted from the original law. Cyclists would, however, face significantly lower penalties – $20 for a first offense and $50 thereafter, with no added fees – and would not receive a point on their driver’s license.

  3. #3
    Join Date
    Apr 2011
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    Default Re: Ca: What is Allowed to Do with a Smartphone While Driving

    Hi,

    thanks That Guy for your extensive response. I haven't been cited, but I'm very interested in this, and since I'm using my smartphone as GPS, media player, and hands-free phone in my car (I try to stay away from the other uses), I am on the fringe of this law and could be cited for "texting" any day just because I enter a destination into my navigation app.

    In regards to fighting a "texting ticket" in court, isn't the burden of proof with the law enforcement officer? The defendant can just explain that there is no way for any law enforcement officer from their driver seat to see the text on the smartphone display, so they cannot determine if a legal or illegal action with the phone happened. In other cases the courts go through great length to satisfy all technicalities, and this seems much more clear cut than many other ticket defenses. But then again, I am no expert here.

    Thanks,
    Alex

  4. #4
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    Default Re: Ca: What is Allowed to Do with a Smartphone While Driving

    Quote Quoting alexksj
    View Post
    I haven't been cited, but I'm very interested in this, and since I'm using my smartphone as GPS, media player, and hands-free phone in my car (I try to stay away from the other uses), I am on the fringe of this law and could be cited for "texting" any day just because I enter a destination into my navigation app.
    Would you agree that entering a destination into the GPS app on your phone is just as distracting as typing a text message? If the answer is yes, and although there is no law barring such action, common sense would dictate that you should refrain from doing so in the interest of your safety and the safety of others around you.

    The question then becomes, why not enter it BEFORE you hit the road? (If you're going "somewhere", you already know your "destination" BEFORE you start driving)... Or pull over to the side of the road and enter it while you're NOT driving!

    Quote Quoting alexksj
    View Post
    In regards to fighting a "texting ticket" in court, isn't the burden of proof with the law enforcement officer?
    Yes, of course it is.

    Quote Quoting alexksj
    View Post
    The defendant can just explain that there is no way for any law enforcement officer from their driver seat to see the text on the smartphone display, so they cannot determine if a legal or illegal action with the phone happened.
    And if you're ever cited for this particular violation, you're free to make that argument before the judge and hope he/she agrees. If he/she doesn't, you may still be able to appeal your conviction based on "insufficient evidence" but that, by no stretch, is a guarantee that you would prevail.

    My point is that it would be MUCH easier to avoid the whole ordeal simply by keeping your phone out of your hands while you're driving.

    It really isn't that difficult to do!

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