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  1. #1
    Join Date
    Feb 2015
    Posts
    22

    Default Cited in California Cell Phone Use While Driving, VC 23123a

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

    I was driving with my cell phone in speaker mode and using my phone. I did not have a bluetooth device with me. My thinking is that this is no more dangerous than bluetooth and I was NOT holding my phone! What should I do about this?

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

    Default Re: Cited in California Cell Phone Use While Driving, VC 23123a

    How did the officer who pulled you over come to conclude that you were talking on your cellular phone, if you were using speaker phone and you were not holding the phone?

  3. #3

    Default Re: Cited in California Cell Phone Use While Driving, VC 23123a

    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.

    If you really were not holding your phone, then the ticket is unwarranted. However, I would recommend that you do a TBD first. You will likely be found guilty, if the officer submits a statement (TBDs almost always result in a guilty verdict if the officer submits a statement). Afterwards you can file for a TDN and you can get the officer’s statement. You really want to see if the officer is claiming that you had the phone in your hand. If he does say that (and you didn’t have a car full of judges and priests who can testify to the contrary), then it will be your word against his. In this scenario, you will lose. Traffic courts ALWAYS believe whatever the cop says over the defendant regardless of whether it is the truth or not. This is just a fact of life despite the fact that the standard of “beyond a reasonable doubt” is supposed to apply and testimony by one person would never meet that burden in any other criminal case.

    So, do the TBD, get the cop’s statement and see if he will tell the truth in court.

  4. #4
    Join Date
    Dec 2008
    Posts
    629

    Default Re: Cited in California Cell Phone Use While Driving, VC 23123a

    did you also use a voice dial feature to place the call?

    Even if you only held the phone for 10sec to make/answer the phone and the officer saw that you are toast.

    Hands free operation means more than just talking on the phone without holding it. It also refers to making and receiving calls.

    So was your phone totally hands free?

  5. #5
    Join Date
    Feb 2015
    Posts
    22

    Default Re: Cited in California Cell Phone Use While Driving, VC 23123a

    The only thing I can think of is that I answered it in the convenience store parking lot. I was not driving with it in my hands though and I thought it would be OK on speaker. Maybe he saw me answer it although I don't know where he was at that point.

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