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  1. #1
    Join Date
    Sep 2009
    Posts
    1

    Default Is iPod Use a Violation Under CVC 23123(A)

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

    I was pulled over on May 22, 2009 for this fine at around 10:45pm and when the cop didn't see a cell phone on my he asked what i was listening to (one ear bud in) so i said my ipod and so he wrote me this ticket...

    23123(a) CVC Use of cell phone or any other communication or video or music device while driving.

    question i looked up this violation and music device was not listed.

    also i was going 30 in a 35 so that didn't get me pulled over. i was on my way home and this is the first time i was pulled over for anything and i was shocked that it was for my ipod. when he pulled me over he said he saw me using my cellphone but i didn't it wasn't even on me at the time so he wrote me up for the ipod.

    any feedback would be appreciated.

  2. #2
    Join Date
    Feb 2008
    Posts
    1,622

    Default Re: Is Ipod Use Under CVC 23123 (A)

    That cop is full of crap!!!!

    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.
    Not only should you challenge this in court, but you should file a formal complaint with the police agency he works with. He is an idiot.

  3. #3
    Join Date
    Aug 2006
    Posts
    563

    Default Re: Is Ipod Use Under CVC 23123 (A)

    in my stae earphones/earbuds are prohibited phone or music it doesnt matter

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

    Default Re: Is Ipod Use Under CVC 23123 (A)

    Quote Quoting THEAMAZINGCHAN
    View Post
    in my stae earphones/earbuds are prohibited phone or music it doesnt matter
    In California, there are 2 seperate distinct statutes, one for each.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Is Ipod Use Under CVC 23123 (A)

    If CA had a general distracted driver statute things could be much cleaner. As it is you have events like this.

    You should prevail at court unless your iPod was really an iPhone.

    - Carl

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