My question involves a traffic ticket from the state of: California
Question for the community about a citation I received today for 23123(a).
My car is equipped with hands-free bluetooth such as that it's impossible to make a call from a bluetooth-equipped cell phone in my car (as long as the car is running) without the call going to hands free. That has sometimes been an annoyance, such as when a private conversation comes in while a passenger is in the car. But it's mostly convenient.
Today, as I was driving 5 mph in traffic and talking with my father, the AT&T reception got bad, so I lifted the iPhone off the seat and tried to move it near the window and the roof to maintain the phone connection. Of course, at that point I got pulled over... thanks AT&T!
The police officer basically told me I was lying, and that he gives lots of cell phone tickets and that his judgement was that I wasn't using a hands free system. He even said, "I have an iPhone too, and my reception is fine."
If I present to the court proof that my hands free system is always in effect, will that be enough? Or does simply raising the phone up while driving qualify as against the law? I've read the content of the law but it seems open to interpretation to me on this point.
"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."
Clearly, the telephone is specifically designed and configured to allow hands-free listening and talking, over automatic bluetooth. The phone was also being used in that manner while driving. So... thoughts?