Results 1 to 10 of 28

Hybrid View

  1. #1
    Join Date
    Nov 2010
    Posts
    26

    Default Cited for Using GPS While Driving in California

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

    VC 23123(a)

    I was pulled over for using my cellphone according to the Sheriff I explained to him that I was using the GPS feature on my phone.

    I told him I put the phone up to my ear to hear the Google maps voice on were i needed to turn and he said that i was on a phone call.

    I showed the deputy that it was clearly using maps and he said that's still consider a violation. I've read that The 5th District Court of

    Appeal sided with a Fresno man who received a $165 ticket when he consulted a map application on his phone. I've read in some other

    forums that using Handheld Phone GPS While Driving Is Legal In California. Is there a way I can successfully fight this ticket?

  2. #2
    Join Date
    Oct 2013
    Posts
    334

    Default Re: Cited for Using GPS While Driving in California

    Quote Quoting bati
    View Post

    I showed the deputy that it was clearly using maps and he said that's still consider a violation.
    So the Deputy's statement would be incorrect?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Cited for Using GPS While Driving in California

    A decision by an appellate district is binding on all Superior Courts unless there is a split of authority. As far as I know, that's the only appellate decision on the issue.

  4. #4
    Join Date
    Nov 2010
    Posts
    26

    Default Re: Cited for Using GPS While Driving in California

    Quote Quoting So Cal
    View Post
    So the Deputy's statement would be incorrect?
    The Deputy seen my Google maps app running on my phone and he said GPS usage is up in the air according to the penal code.
    Deputy said that the phone has to be mounted and show me in my car where to mount my device.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Cited for Using GPS While Driving in California

    Quote Quoting bati
    View Post
    The Deputy seen my Google maps app running on my phone and he said GPS usage is up in the air according to the penal code.
    Deputy said that the phone has to be mounted and show me in my car where to mount my device.

    Quoting People v Spriggs (Cal. Sup. Ct. App. Div. - April 2, 2013)

    In sum, based on the legislative history of section 23123 and the statute’s language, as well as the Legislature’s subsequent enactments of sections 23123.5 and 23124, we conclude that section 23123(a) does not prohibit all hand - held uses of a wireless telep hone. Instead, it prohibits “listening and talking” on the wireless telephone unless the telephone is used in a hands - free mode. Accordingly, Spriggs did not violate the statute when he held his cellular telephone in his hand and looked at a map applicat ion while driving and his conviction must be reversed.
    I suspect the listening not in a hands free mode you were doing will be considered a violation.

  6. #6
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Cited for Using GPS While Driving in California

    Spriggs was decided a little more than a month ago. Such things can take time to filter down to rank & file officers to be aware of.

    You are free to use Spriggs as an argument in your defense.

  7. #7
    Join Date
    Nov 2010
    Posts
    26

    Default Re: Cited for Using GPS While Driving in California

    Quote Quoting free9man
    View Post
    Spriggs was decided a little more than a month ago. Such things can take time to filter down to rank & file officers to be aware of.

    You are free to use Spriggs as an argument in your defense.
    I wasn't talking on the phone but guess listening to the device is were i might of made the mistake.

    so can i take the PDF: http://www.courts.ca.gov/opinions/documents/F066927.PDF

    and present it in court?

  8. #8
    Join Date
    Oct 2013
    Posts
    334

    Default Re: Cited for Using GPS While Driving in California

    Quote Quoting jk
    View Post
    I suspect the listening not in a hands free mode you were doing will be considered a violation.
    The statute and the Spriggs decision clearly state "listening and talking" is prohibited while hand holding a telephone. Not listening or talking.

    I understand how opinions can vary, but this is in black and white.

  9. #9
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Cited for Using GPS While Driving in California

    Quote Quoting So Cal
    View Post
    The statute and the Spriggs decision clearly state "listening and talking" is prohibited while hand holding a telephone, not listening or talking.

    I understand how opinions can vary, but this is in black and white.
    so. like I said previously, if I am only listening somebody talking to me while I hold my phone or they are only listening while I talk while I hold my phone, that would be legal? I think you are putting too much weight in the conjunction and I do not believe the courts intended to nor will put that much weight into the word "and" in this law.

    You need to understand that prior to spriggs, it was simply illegal to hold the phone in your hand while using it for any purpose.

    You also need to understand the normal, typical, presumed, and common usage of a navigation system on your phone does not include placing it to your ear.

    The decision is only the first of what I suspect to be several om the matter. I believe subsequent rulings will address the issue is not using the phone or navigation system but holding it to your ear that is the problem.

    additionally. the OP still has to overcome the issue of whether he was actually using the telephone as a telephone. We haven't gotten over that hurdle either. If the cop saw the OP's jaw moving, he's toast. Sure hope he wasn't chewing gum.

    1. Sponsored Links
       

Similar Threads

  1. Speeding Tickets: Cited for Unsafe Driving After Swerving
    By brendo in forum Moving Violations, Parking and Traffic Tickets
    Replies: 7
    Last Post: 09-27-2011, 12:00 PM
  2. Reckless Driving: Not Officially Cited For Reckless Driving 94 in a 50
    By stangslvr01 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 04-03-2009, 11:00 AM
  3. Careless Driving: Cited for Careless Driving, But Did Nothing Wrong
    By sbclemson in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 01-24-2009, 08:13 PM
  4. Reckless Driving: Cited for Reckless Driving as a Passenger
    By dsovip in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 09-12-2008, 06:58 AM
  5. Reckless Driving: Cited For Reckless Driving
    By meandfrannie24 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 6
    Last Post: 02-05-2008, 08:52 AM
 
 
Sponsored Links

Legal Help, Information and Resources