This is so stupid it makes me want to vomit on the California Legislature and the idiot cop who wrote the ticket.
OP, you should not focus on the headset. You should focus on the word "using". Technically, you were not "using" the phone (i.e. operating it in its designed mode). You were preparing the phone FOR use. I know that sounds silly and its like splitting hairs, but isn't that exactly what this cop is doing?? Furthermore, this clearly does not violate the intent of the law as you were no more distracted by "preparing the phone for use" than you would have been if you were changing a channel on your stereo. This cop simply lacks what every cop should have.... judgment.
So, you should get the cop to admit these things on cross examination:
OP: Do you agree that this law was written with the same intent as the texting law?
Cop: uh... sure.
OP: VC Section 23123.5(b) states:
OP: Since these laws have similar intent, would you consider "using" a cell phone to mean communicating with another person on the cell phone?(b) As used in this section "write, send, or read a text-based
communication" means using an electronic wireless communications
device to manually communicate with any person using a text-based
communication, including, but not limited to, communications referred
to as a text message, instant message, or electronic mail.
cop: duh... I guess.
OP: When you pulled me over I was wearing a bluetooth headset device, right?
cop: I don't think so.
OP: Don't you remember that I explained to you that I had a technical problem with getting the bluetooth headset to connect and I was verifying connection at the time you stopped me? (show him the headset and the phone)
cop: oh yeah..
OP: so, can you testify truthfully that you know for a fact that I was using my cell phone to communicate with another person and not simply verifying its operation before I did begin to communicate with another person?
cop: I guess I can't
OP: excellent........ (stated in a Monty Burns voice while wringing hands)

