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  1. #1
    Join Date
    Jun 2011
    Posts
    10

    Default Ticket for Using a Cell Phone for GPS, VC 23123(A)

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

    I was down in LA for a job interview a few weeks ago. After the interview, I wanted to drive from Hawthorne to Pasadena to go see an old friend. I live in Washington, so the entire area is unfamiliar to me. I was using Google maps/navigation to guide my way to his home. Upon hitting some traffic, I looked at my device, with my hand, to see how far the traffic was extended ahead of me (I was stopped in traffic at that time). I then put the device back down into the center console of the rental car I was in. An officer apparently saw me holding the device and then pulled me over and ticketed me for this.

    according to California Deparment of Motor Vehicles website, 23123(a) prohibits a driver from using a device to "talk or listen", unless that device is in hands free mode. I was neither talking or listening to my device at the time of the infraction, my call records can prove this. I also noticed that subsection (b) states a first time violation shall be $20, and my court documents (that arrived in the mail) have me paying a "bail" amount of $162?

    I also found a case out of Fresno, People Vs. Spriggs, filed february this year, where his appeal won in the courts as he was doing exactly as I was doing. Think I can claim this court case in my defence?
    Court documents seen here.

    My question is: How do I go about this court process for the state of CA? it appears to be drastically different from WA courts, with me having to pay a bail with my court hearing, of $162? Is this different from an infraction amount? Obviously showing up to court in person isn't an option (action must be taken by July 31), unless I actually get the job (still waiting to hear back on an offer) and will be moved down there in time, so I'd like to do this by mail. Do I just send a check marked "not guilty" (as stated on the Notice to Appear I received from the officer), and state my case? As far as call records go, how would I submit something like that as well, a simple screen shot of my phone, and print that picture out?

    Thanks for help in advance!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ticket for Using a Cell Phone for GPS, VC 23123(A)

    Although you're not in the same district as the Spriggs court, every state superior court is expected to follow the precedents set in the Court of Appeals, no matter what district or division of the Court of Appeals rendered the decision. See Cuccia v. Superior Court, 153 Cal. App. 4th 347, 353-54 (2007). So yes, by all means, raise the defense. It sounds like you would want to consider a trial by written declaration as your first step.

    As has been explained in many threads, the base fine is not the only fine you pay on a ticket, and other costs and assessments add up quickly. That's true in every state.

  3. #3
    Join Date
    Jun 2014
    Location
    San Diego
    Posts
    5

    Default Re: Ticket for Using a Cell Phone for GPS, VC 23123(A)

    I would think a call listing directly from your wireless provider would be better evidence.
    I can easily delete selective calls from my phone's screen and manipulate to look like there were no calls over a certain period.
    Evidence from Verizon/AT&T etc. would probably be best. Or at the very least, a copy of your bill with all calls highlighted.

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