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  1. #1
    Join Date
    Mar 2016
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    6

    Default Issued an Unsafe Speed Ticket for Using a Cell Phone GPS While Driving, VC 22350

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

    I basically got pulled over because sheriff thought I was texting. I showed him I was on GPS. I proved that I wasn't texting by showing my latest text which was sent 30+min prior to getting pulled over. He chuckled and proceeded to slap me with a unsafespeed/cellphone ticket.
    Just to clear things up, I wasn't touching my phone but got ticketed for "looking at my phone multiple times and not using a hands free device". Also, the unsafe speed was me driving 25mph in a 45mph area because there were a lot of cars. We were all going about the same speed..

    My record is clean, and I'm lost. I've never seen a ticket in my life and I was just nervous and in shock that he cited me for something I feel I didn't need to get a ticket for.

    Should I send in a letter of declaration/contest? Do I need evidence because I feel this would be based off of 'he said she said' deal. Should I hire an attorney? Or just pay it even though I know I did nothing wrong.

    Im open to advice and appreciate y'all for taking the time to help me out!

    Correction - VC 22350 (not 23350)

  2. #2
    Join Date
    Feb 2016
    Location
    Virginia, USA
    Posts
    107

    Default Re: Issued an Unsafe Speed Ticket for Using a Cell Phone GPS While Driving, VC 23350

    Hello, Nuu.

    Were you cited for driving 45 in a 25, or what? Please clarify. That code is for speeding. If you got cited only for 22350, it sounds like he believed you about not texting.

    Regards,
    Jim

  3. #3
    Join Date
    Mar 2016
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    6

    Default Re: Issued an Unsafe Speed Ticket for Using a Cell Phone GPS While Driving, VC 23350

    I was cited for driving 25 in a 45. I had corrected myself at the bottom, noted that it was a 22350 VC. On my citation, he put "VC 22350 - unsafespeed/cell phone".

    At the time I got pulled, I had to have been going 30..which was what the flow of traffic was. I know that they won't accept 'flow of traffic' as an excuse. Seriously, had I gone 45 I would've rammed into the 16 wheeler in front of me, hurting myself and possibly hurting my child (also in the car) sitting behind me. I'm not from that area so I needed GPS on. My exit was coming soon, so I glanced to see how many miles before my exit. Again, I was not touching my phone, I had it laying on the cup holder. The thing is, he knows there were a lot of cars out there. I had counted 3 16 wheelers on the road about a minute before being pulled over. 2 were in the right lane (lane I was in) and the other was in the left. All I remember thinking was 'good thing I left home early'. Then the CHP happened.

    Thank you for replying, Jim!

  4. #4
    Join Date
    Jul 2010
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    8,006

    Default Re: Issued an Unsafe Speed Ticket for Using a Cell Phone GPS While Driving, VC 23350

    Why not have the volume up on the phone? It gives spoken directions that warn you about turns?

  5. #5
    Join Date
    Feb 2016
    Location
    Virginia, USA
    Posts
    107

    Default Re: Issued an Unsafe Speed Ticket for Using a Cell Phone GPS While Driving, VC 23350

    Hello again, Nuu.

    So L-1 explained it. Basically, the officer cited you using a very liberal interpretation of the "driving in excess of reasonable and prudent speed" law. He is claiming that driving even 20 mph under the posted speed is too fast if you are using your phone in GPS mode. It sounds to me that he is nearly trying to legislate, rather than just enforce existing law.

    I would argue as I stated above...
    - I was driving well under the posted speed limit.
    - Road conditions were great.
    - I was driving with due regard for weather, visibility, traffic, surface and width of the highway
    - In no event did I drive at a speed which endangered the safety of persons or property.
    - I was not driving while distracted. I was not in violation of 23123, the cell phone distracted driving law, as I did not use an electronic wireless communications device to write, send, or read a text-based communication.

    If officer says he saw you touching your phone, you will need an explanation for that. 23123.5(c) provides a lawful exception. Bring your call log to court.

    Same thing for Pheebs05 whose thread is here now - http://www.expertlaw.com/forums/showthread.php?t=195112 .

    Sure a lawyer could help you. Can't hurt (anything but your wallet). Personally, I'd contest it myself.

    Drive safely & good luck,
    Jim

  6. #6
    Join Date
    Mar 2016
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    6

    Default Re: Issued an Unsafe Speed Ticket for Using a Cell Phone GPS While Driving, VC 23350

    hey Jim,

    Should I wait for the court date to fight? Or send in a TBD?

    Thank you-thank you! Appreciate that you've taken much time to help me!

  7. #7
    Join Date
    Feb 2016
    Location
    Virginia, USA
    Posts
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    Default Re: Issued an Unsafe Speed Ticket for Using a Cell Phone GPS While Driving, VC 23350

    Hi, Nuu.

    I can't give you advice about CA procedures, but others on this forum can.

    Regards,
    Jim

  8. #8
    Join Date
    Feb 2016
    Location
    Virginia, USA
    Posts
    107

    Default Re: Issued an Unsafe Speed Ticket for Using a Cell Phone GPS While Driving, VC 22350

    I don't understand why the officer would cite you for that instead of 23123, which would seem to be the appropriate charge and cost about $200, but you need to stop messing with your phone while driving before you kill someone.

    If I received a ticket for violation of 22350 and the officer documented that I was doing 25 mph under the posted speed limit, I would certainly contest it. My arguments would be something along the lines of "I was driving under the speed limit, road conditions were great, and I did not violate the appropriate law regarding distracted driving. In fact, deactivating an annoying Suri voice is specifically allowed...

    23123.5
    (c) For purposes of this section, a person shall not be deemed to be writing, reading, or sending a text-based communication if the person reads, selects, or enters a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a telephone call or if a person otherwise activates or deactivates a feature or function on an electronic wireless communications device.


    Others might advise differently. Check:

    http://www.expertlaw.com/forums/show...hone+AND+22350
    and
    http://www.expertlaw.com/forums/show...hone+AND+22350 (posts 3 & 7).


    Good luck,
    Jim

    *** Note that this post was in reply to another poster, but that poster has since deleted their post. ***

  9. #9
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Issued an Unsafe Speed Ticket for Using a Cell Phone GPS While Driving, VC 22350

    Quote Quoting Nuu Cyn
    View Post
    ......got ticketed for "looking at my phone multiple times and not using a hands free device". Also, the unsafe speed was me driving 25mph in a 45mph area because there were a lot of cars. We were all going about the same speed
    CVC 22350 states: "No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property."

    What the officer is alleging is that driving 25 MPH in that flow and volume of traffic, while looking at your phone multiple times and not using a hands free device, was neither reasonable nor prudent, or endangered the safety of persons or property. As such, you were in violation of CVC 22350.

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