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!


