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  1. #1
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    Mar 2008
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    19

    Exclamation California's Cell Phone Ban While Driving

    So as many here are aware California's ban on talking on your cell while driving started today and I have a few questions....

    1: How in the heck can a cop tell whether I'm on the phone or just have my head resting on my hand?

    2: If the law says I can make emergency calls can't I just tell a cop that I saw a drunk driver and was about to report it?

    3: Is it illegal to hold my phone against my head even if I'm not on a call? I know this one doesn't make much sense but I would think that technically this would be legal and therefore how could a cop refute it.

    4: How is a cop going to even be able to see me on my phone? My rear windows are tinted and I'd notice the guy if he was next to or in front of me.


    What they should have done is step up enforcement of reckless driving and pull over the morons that are going 14 mph in the fast lane or crossing 27 lanes of traffic at once because of their phones.

    -- CH

  2. #2
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    Jan 2006
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    Default Re: California's Cell Phone Ban While Driving

    1: How in the heck can a cop tell whether I'm on the phone or just have my head resting on my hand?
    do you have HUGE hands?

    2: If the law says I can make emergency calls can't I just tell a cop that I saw a drunk driver and was about to report it?
    then your provider will be able to provide you with proof you were calling some emergency number at that exxact time. I am sure the judge will dismiss the case at that time.

    3: Is it illegal to hold my phone against my head even if I'm not on a call? I know this one doesn't make much sense but I would think that technically this would be legal and therefore how could a cop refute it.
    how does he know you are not on the phone? He doesn't so you are getting a ticket. You can bring proof (from your provider) that you were not in fact using the phone at that time at your trial.

    4: How is a cop going to even be able to see me on my phone? My rear windows are tinted and I'd notice the guy if he was next to or in front of me.
    then ignore the law if you are so good at hiding it. Your choice.


    What they should have done is step up enforcement of reckless driving and pull over the morons that are going 14 mph in the fast lane or crossing 27 lanes of traffic at once because of their phones.
    I presume they are still ticketing those folks when observed.

  3. #3
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    Mar 2008
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    19

    Default Re: California's Cell Phone Ban While Driving

    Quote Quoting jk
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    do you have HUGE hands?

    then your provider will be able to provide you with proof you were calling some emergency number at that exxact time. I am sure the judge will dismiss the case at that time.

    how does he know you are not on the phone? He doesn't so you are getting a ticket. You can bring proof (from your provider) that you were not in fact using the phone at that time at your trial.

    then ignore the law if you are so good at hiding it. Your choice.


    I presume they are still ticketing those folks when observed.


    Nice sarcastic responses, thanks for the help.

    No I don't have huge hands, I have a small cell phone that is pretty much hidden in my palm and I don't see what's stopping me from getting ticked for driving with my hand on my head because a cop thinks I'm on the phone.

    I guess if anyone touches their face or head while driving they might just get a $70 ticket. It's bull **** that the burden of proof would then be on me to prove to a judge that I wasn't on the phone. What happened to innocent until proven guilty??

  4. #4
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    Mar 2008
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    19

    Default Re: California's Cell Phone Ban While Driving

    Quote:
    2: If the law says I can make emergency calls can't I just tell a cop that I saw a drunk driver and was about to report it?

    then your provider will be able to provide you with proof you were calling some emergency number at that exxact time. I am sure the judge will dismiss the case at that time.

    -- Not if I was in the process of placing the call but hadn't made it yet.

  5. #5
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    Default Re: California's Cell Phone Ban While Driving

    Quote Quoting Choop
    View Post
    Quote:
    2: If the law says I can make emergency calls can't I just tell a cop that I saw a drunk driver and was about to report it?

    then your provider will be able to provide you with proof you were calling some emergency number at that exxact time. I am sure the judge will dismiss the case at that time.

    -- Not if I was in the process of placing the call but hadn't made it yet.
    well, seeing that it takes a very short time to dial 911, you would have plenty of time to dial it before a cop saw you and pulled you over. Actually, since you would be pulled over for the phone stuck to your ear, you would have already dialed and wating for the call to connect it so there would be your proof.

    No I don't have huge hands, I have a small cell phone that is pretty much hidden in my palm and I don't see what's stopping me from getting ticked for driving with my hand on my head because a cop thinks I'm on the phone.
    well, to be honest, I have never seen a person driving while leaning on their hands. That, in itself, would be cause for the police to have interest in you. I guess sleeping while you are driving should be ok but just don;t have the phone in your hand.


    you obviously all worked up about this and trying to find ways to avoid the ticket.

    I have a sure fire, never fail method of not getting a ticket;

    don't break the law, any of them.

  6. #6
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    Mar 2008
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    Default Re: California's Cell Phone Ban While Driving

    Quote Quoting jk
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    I have never seen a person driving while leaning on their hands. That, in itself, would be cause for the police to have interest in you.
    You're kidding right? You've never seen someone with their elbow on the door and their hand on their head? I think you might be the one that's driving while sleeping.

  7. #7
    Join Date
    Mar 2007
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    9,096

    Default Re: California's Cell Phone Ban While Driving

    I tell you what.

    Law gets changed via the courts all the time.

    Why don't you INTENTIONALLY get a ticket and fight it in court and tell us how it comes out?

  8. #8
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    Mar 2005
    Location
    Michigan
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    28,906

    Default Re: California's Cell Phone Ban While Driving

    CVC 23123(a) provides, "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."

    I am not sure that the court will be interested in whether you were using the phone as a headrest or making a call, although the court may be amused by the argument.

  9. #9
    Join Date
    Mar 2008
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    19

    Exclamation Re: California's Cell Phone Ban While Driving

    I'm not talking about having the phone in my hand, I said:

    "I don't see what's stopping me from getting ticketed for driving with my hand on my head because a cop thinks I'm on the phone."

    If my phone is on the seat or heck, not even in the car and I'm driving with my arm on the door and my head in my palm (typical cell phone position) what's stopping a cop from pulling me over for having my head in my hand?? I understand reasonable suspicion but how can he actually write me up for something he doesn't really know if I did or not??

    It makes no sense.

  10. #10
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    Jan 2006
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    Default Re: California's Cell Phone Ban While Driving

    Quote Quoting Choop
    View Post
    I'm not talking about having the phone in my hand, I said:

    "I don't see what's stopping me from getting ticketed for driving with my hand on my head because a cop thinks I'm on the phone."

    If my phone is on the seat or heck, not even in the car and I'm driving with my arm on the door and my head in my palm (typical cell phone position) what's stopping a cop from pulling me over for having my head in my hand?? I understand reasonable suspicion but how can he actually write me up for something he doesn't really know if I did or not??

    It makes no sense.
    well, when you get a ticket for using a phone while driving and it isn't even in your car, then you have a legit argument.

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