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  1. #1

    Default California Cell Phone Ticket

    My question involves a cell phone violation in the state of CA.

    Specifically, I was given a ticket for violation of CVC 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."

    I was not talking on the phone, or texting on it, when the cop pulled me over. My records will prove that.

    However, he saw me pick it up and look at it (It had fallen from the dash, I had picked it up off the seat and was putting it back).

    My phone is a Blackberry (which is configured for hands free use), and I have a bluetooth speaker that is attached to my visor and was in plain site of the officer.

    I plan to fight this via Trial by Written Declaration, and include the records, photos and manufacturer's spec of the phone, and photos of my bluetooth speaker (just to cover all bases).

    2 questions:

    1. About this ticket: Will cell phone records & pics be enough to get me out of this ticket? What else can I do to show I was not breaking the law?

    2. General legal question: I have a full hands-free set up, but still need to dial on the phone itself in order to place the call, accept a call, or end a call. If I am doing any of those 3 things while driving, could I be cited for a ticket? The law states nothing about those 3 things, just mandates "hands free listening and talking".

    Thanks!

  2. #2
    Join Date
    Nov 2007
    Location
    Northern California
    Posts
    832

    Default Re: California Cell Phone Ticket

    Quote Quoting Charlie Chan
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    2. General legal question: I have a full hands-free set up, but still need to dial on the phone itself in order to place the call, accept a call, or end a call. If I am doing any of those 3 things while driving, could I be cited for a ticket? The law states nothing about those 3 things, just mandates "hands free listening and talking".
    If you want to quote only part of the law, "hands free listening and talking", you should ask the same question while looking at the entire law.

    CVC 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 have to use the handset to dial, then you are, "using" the cell phone. You can however, use your handset in for an emergency type phone call.

    (c) This section does not apply to a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.

    Your bluetooth speaker on yout visor and phone dont have an option of anwsering the phone by pushing a button on your speaker unit. Also, most phones have an auto anwser mode when connected to a headset. I don't know how convenient that feature could be considering you may want to miss, "Some" calls.

    Your situiation sounds like an iffy ticket. The officer saw one thing and you remember something different. You have records saying you weren't using the phone to send or recieve a phone call or you weren't texting. The only thing your records could show for texting is that you did not send the text message. If you erase the message prior to sending it, your cell phone company will not have a record of that. Send what you presented here on the forum along with your side of the events and cross your fingers to not get the "TBWD rubber stamp".

  3. #3
    Join Date
    Jun 2009
    Posts
    1

    Default Re: California Cell Phone Ticket

    My brother-in-law was recently accused of violating CVC 23123 (A) hands free device required. He actually has an iphone and has all these songs uploaded and as he was changing the song and put it to his ear, police officer pulled him over. We have phone records indicating he was not talking on the phone. I want to contest with a written declaration, but how does one write a good letter to argue this? Thanks

  4. #4
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: California Cell Phone Ticket

    Quote Quoting jboyadji
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    My brother-in-law was recently accused of violating CVC 23123 (A) ... I want to contest with a written declaration.
    1st, Sounds to me like "You" have nothing to argue... Your brother in law would have to make the decision on what to do...

    2nd, you should also start a new thread for your own question, if you have one.

    3rd, a Cell phone ticket is far from being a Careless/reckless charge. Your new thread should go under "Other violations".

  5. #5
    Join Date
    Jan 2010
    Posts
    1

    Default Re: California Cell Phone Ticket

    Charlie Chan,

    I was wondering what happened with your ticket? The same thing that happened to you, happened to me today. Let me know. I would like to know how to beat this thing. Thank you!

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