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  1. #1
    Join Date
    Aug 2011
    Posts
    1

    Default Cell Phone Ticket

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

    The last time I ever got a traffic ticket was back in 1988.

    I got a ticket this week, for cell phone CVC 23123A. I was pulled over for this violation. I never saw the motorcycle cop until he was beside me. He pulled me over, and gave me the ticket. I told him I was speaking to my husband's doctor at the time he pulled me over.

    The cop said he did not know if it this violation can involve traffic school or if there will be a point deducted.

    If I get a written statement from the doctor's office, do I have a chance to fight this $160 ticket? And if not, can I go to traffic school? I am a bit confused by the paperwork I received today. And the paper does state that "Due to budget reductions the court can no longer provide telephone operator assistance for traffic tickets."

    I do not know what to do with this ticket? Please can someone help me understand the ticket and its procedures. Thanks

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Cell Phone Ticket

    VC 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.
    (b) 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.
    (c) This section does not apply to a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.

    So... Not to intrude, but you can expect this sort of question from the judge if you were to contest it and present a not from the doctor: "what was the emergency that forced you have to talk to the doctor's office while driving instead of either waiting until you got to your destination or pulled over to the side of the road to make and complete the phone call?"

    A violation of VC 23123(a) does not carry any violation points and as such, is not eligible for traffic school.

    And yes, the code section shows a $20 base fine for a 1st time violation, though after adding the statutory penalties and assessments, you end up with $155 to $160 depending on which county you're in.

    You can read the back of the citation for instructions on what to do, otherwise, look up the website for the court where you're scheduled to appear, click on Traffic and navigate for more information.

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