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  1. #1
    Join Date
    May 2017
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    1

    Default Holding a Cell Phone While at a Stop Light - VC 23123.5a

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

    While stopped at a stoplight, I picked up my phone and looked at the screen. I scrolled and showed the screen to my backseat passengers. I put the phone down before the light turned green and I did not delay or impede traffic in any way. I had two hands on the wheel as I drove away.

    A CHP officer pulled me over and gave me a ticket. Can I fight this?

  2. #2
    Join Date
    Jul 2016
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    Paso Robles, California
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    544

    Default Re: Holding a Cell Phone While at a Stop Light - VC 23123.5a

    This specific issue was addressed in People v. Nelson when the court determined that being stopped at a red light using his cell phone is a violation of vc 23123. The court determined that being stopped at a red light is still considered "driving" for the purpose of vc 23123. Prior to Jan. 1 2017 you were permitted to hold and operate your cell phone for limited reasons. However the law changed in Jan. 2017 to where you can no longer, for any reason, "hold and operate" you cell phone while driving.

    23123.5. (a) A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.

    You have no legal defense.

  3. #3
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    Default Re: Holding a Cell Phone While at a Stop Light - VC 23123.5a

    The newly revised statute is meant to put an end to past problems with the statute -- its inapplicability to situations in which the device was not being used as a telephone, and the use of the distracted driving statute to cover other uses of a smart phone.
    Quote Quoting California VC Sec. 23123.5.
    (a) A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.

    (b) This section shall not apply to manufacturer-installed systems that are embedded in the vehicle.

    (c) A handheld wireless telephone or electronic wireless communications device may be operated in a manner requiring the use of the driver’s hand while the driver is operating the vehicle only if both of the following conditions are satisfied:

    (1) The handheld wireless telephone or electronic wireless communications device is mounted on a vehicle’s windshield in the same manner a portable Global Positioning System (GPS) is mounted pursuant to paragraph (12) of subdivision (b) of Section 26708 or is mounted on or affixed to a vehicle’s dashboard or center console in a manner that does not hinder the driver’s view of the road.

    (2) The driver’s hand is used to activate or deactivate a feature or function of the handheld wireless telephone or wireless communications device with the motion of a single swipe or tap of the driver’s finger.

    (d) A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.

    (e) This section does not apply to an emergency services professional using an electronic wireless communications device while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.

    (f) For the purposes of this section, “electronic wireless communications device” includes, but is not limited to, a broadband personal communication device, a specialized mobile radio device, a handheld device or laptop computer with mobile data access, a pager, or a two-way messaging device.
    When you're behind the wheel of a car that is stopped at a traffic light, even if it's not in motion, under the law you're still driving the vehicle.

  4. #4
    Join Date
    Feb 2010
    Posts
    152

    Default Re: Holding a Cell Phone While at a Stop Light - VC 23123.5a

    Interesting that they are allowing a limited use of the phone when it is mounted so that you don't have to hold it. I would not have expected this, but happy to see it. I wonder if/when Washington will revise its law in a similar way.

  5. #5
    Join Date
    May 2017
    Posts
    1

    Default Re: Holding a Cell Phone While at a Stop Light - VC 23123.5a

    Can I beat this ticket if I was holding an old school iPod with no wireless communications at all? Yes, I actually got a ticket for skipping a song. It's the original iPod classic, doesn't look like a phone at all. Thanks

  6. #6
    Join Date
    Jul 2016
    Location
    Paso Robles, California
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    544

    Default Re: Holding a Cell Phone While at a Stop Light - VC 23123.5a

    I would say you have a good chance of beating it.

  7. #7
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    Default Re: Holding a Cell Phone While at a Stop Light - VC 23123.5a

    Quote Quoting wadester999
    View Post
    Can I beat this ticket if I was holding an old school iPod with no wireless communications at all? Yes, I actually got a ticket for skipping a song. It's the original iPod classic, doesn't look like a phone at all. Thanks
    You hijacked a thread, so people missed your question, but if the court accepts that this was a music player with no communications features that would be a defense even under the new statute.

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