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  1. #1
    Join Date
    Apr 2010
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    Default 23123a Cellphone Ticket

    My question involves traffic court in the State of: CA

    Today I got a cellphone violation ticket (23123a). At first was at a stop sign turning right and then as i pulled out to wait at a red light had the phone in my right hand scratching my ear. The motorcycle officer was behind me and saw this, and although I was not talking on the phone and the officer decides to pull me over. I cooperated with what he wanted me to do, license etc.. as well as politely told the officer he was more than welcome to check my call logs to check my phone to see I had not been using my phone. In which he replied to by saying that my hand was off the steering wheel how could i have both hand on the steering wheel. Some small points I noticed on the ticket is my car I was driving is clearly Silver not gray as he put down as well as my last name on my license is spelt with a hyphen (-) EX: ab-cdef, and it is not one word as he put abcdef. From this information is there anything i would be able to do to fight this?

  2. #2
    Join Date
    Jan 2006
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    38,647

    Default Re: 23123a Cellphone Ticket

    Silver/gray. Same thing basically. The hyphen;'not a bit of help.

    The call log on your phone: easily manipulated n

    Got anything else?

  3. #3
    Join Date
    Aug 2012
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    115

    Default Re: 23123a Cellphone Ticket

    I forget the name of the case, but a recent CA court case determined that using your phone applies to more than just making calls or texting -- it also applies to checking a map, or using the phone in anything other than a hands-free manner. With that in mind, since you did have your phone in hand, your best bet is going to be to plead guilty or no contest, and ask for a fine reduction. If I recall correctly, this isn't a moving violation, so no point in taking traffic school.

  4. #4
    Join Date
    Apr 2010
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    Default Re: 23123a Cellphone Ticket

    Ok, I appreciate the advice. Thank you.

  5. #5
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    Default Re: 23123a Cellphone Ticket

    Quote Quoting supralover23
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    I forget the name of the case, but a recent CA court case determined that using your phone applies to more than just making calls or texting -- it also applies to checking a map, or using the phone in anything other than a hands-free manner. With that in mind, since you did have your phone in hand, your best bet is going to be to plead guilty or no contest, and ask for a fine reduction. If I recall correctly, this isn't a moving violation, so no point in taking traffic school.
    the problem with that case; if a phone is used in a manner that would allow it to be held, it isn't going to be up to the driver's ear and the driver is going to make a claim it was being used in a legal manner



    Wow, I go looking for the case you are speaking of and I come up with this that is in direct opposition.

    http://www.courts.ca.gov/opinions/documents/JAD13-02.PDF



    maybe that case went to the Cali Supreme court and was overturned. I cannot find it.

  6. #6
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    Aug 2012
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    Default Re: 23123a Cellphone Ticket

    That is the court case I'm talking about, but I'm not sure what you mean by "in direct opposition"? Spriggs pretty much confirms that any use of a cell phone in a non-hands-free manner is a violation of 23123(a).

  7. #7
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    Default Re: 23123a Cellphone Ticket

    Quote Quoting supralover23
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    That is the court case I'm talking about, but I'm not sure what you mean by "in direct opposition"? Spriggs pretty much confirms that any use of a cell phone in a non-hands-free manner is a violation of 23123(a).
    there was a case very recently that ruled directly opposite. It was in the last month or so if I recall. That is why I was thinking it might have been this case but at the supreme court (california) level.

  8. #8
    Join Date
    Aug 2012
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    Default Re: 23123a Cellphone Ticket

    Wait, there was a recent case that ruled contrary to Sprigg -- that GPS use is not a violation of 23123(a)?

  9. #9
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    Jan 2006
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    Default Re: 23123a Cellphone Ticket

    Quote Quoting supralover23
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    Wait, there was a recent case that ruled contrary to Sprigg -- that GPS use is not a violation of 23123(a)?
    I thought there was but I cannot find it anywhere I know where to look. Maybe I am wrong but I try hard not to be.

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