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California law prohibiting handheld cell phone usage while driving takes effect July 1st
On July 1st, 2008 California Vehicle Codes 23123 and 23124 take effect, prohibiting the use of handheld cellular phones while driving. There is no grace period and officers will be able to issue citations starting July 1st. The law, spawned by safety concerns about cell phone usage while driving, severely restricts handheld cellular phone usage.
Drivers 18 and older can use cell phones only with a hands-free device, such as Blue Tooth, while talking, but both ears cannot be covered. In addition, dialing while driving is discouraged, although it is not prohibited, so long as a hands-free device is used while speaking. Using a handheld telephone’s speaker function is also allowed while driving.
A first violation is punishable by a $20 fine and subsequent violations are $50. However, if a driver is cited for other violations, a first offense is $76 and a second offense is $190, according to the Uniform Bail and Penalty Schedule.
Citations for cell phone violations while driving are reportable and WILL appear on your driving record. However, a citation for using a cell phone while driving will NOT result in a violation point.
Although text messaging is not specifically prohibited, an officer may pull drivers over for unsafe driving. Some argue that text messaging is, in fact, more dangerous than using a cell phone while driving, and criticize the law for omitting any specific reference to text messaging.
For minors, the law is even more stringent, completely banning any use of cell phones, pagers, laptops or any other electronics, including hands-free devices, to communicate while driving. According to the California Highway Patrol, this is because statistics show teen drivers are “more likely than older drivers to be involved in crashes because they lack driving experience and tend to take greater risks.”
Officers can pull over drivers under the age of 18 for driving while using a handheld cell phone. An officer may not, however, pull over a minor for using a hands-free device because this is a secondary, rather than a primary violation.
In any event, a handheld cellular phone can be used during an emergency to call the police, fire department or other emergency services. In addition, the law does not apply to passengers.
Suggestions
- Before running out to purchase a hands-free device, check to see if your cell phone originally came with one.
- If not, most electronic stores sell hands-free devices, with the simplest around $5, to the more expensive BlueTooth option.
- Remember, most cell phones include a loudspeaker option, which you can use to communicate, hands-free, while driving.
- There may also be bargains online, such as here and here. You may even want to search eBay.
- It may also be wise to simply consider not using your cell phone while driving!
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Talking to a COP on my cell phone
A cop friend passed me in his car and a min. later my cell phone rang. It was my friend the cop.
It was then a CHP put his lights on me and I pulled over.
My cop friend said, is he a county Cop or a CHP ? I told him it was a CHP.
He said, They are assholes ! That him talking to the CHP couldn't get me out of the ticket.
That is was only a $20.00 ticket.
About 4 weeks later I got a letter in the mail. $ 141.00 F#%kin dollars.
What the hell ? I told my cop friend about this. We came to the conclusion.
If the State of California told people the Ticket was $141.00 and up.
People would not use there cell phones while driving. But telling us that it is only $20.00
they know they have a CASH COW !!!
I am really starting to HATE this state. Texas is starting to look real good !
Oink Oink - Anyone know where the closest donut shop is?
What a Joke - $122. for my cell phone ticket in Fresno County! This Oinker Motorcycle cop who was way too big for his bike pulled me over as he puffed out his chest and walked to my window. He still had donut crumbs on his too tight police outfit. Long story short, gave me a ticket that was supposed to be $20. Yea right! More like $122. Yet our State still has the worse deficit ever? Where is this money going? The courtsey notice letter they send you sure in the hell doesn't show all the "fees!" It just has the bail amount! As I drove to work, I counted 15 drivers on their cell phone in a 8 minute period.
Great job Oinkers! I know you didn't write the law, you just enforce the stupidity of it! I just wish you'd pull each other over as you hold that DONUT to your mouth and drive with one hand! What a Joke!
I got pulled over wrongfully
I got pulled over wrongfully on this one...I was driving and drinking a soda when a cop pulled me over. He asked for my information and asked if i know what he stopped me for, I told him no i don't( I really didn't). He straight up said i was texting while driving, that really shocked me because i really wasn't. I told him "i wasn't texting officer". He said don't lie i saw you did it and just gave me ticket. I was pretty upset on this one because i really wasn't texting nor was on my phone at the time i was pulled over. My phone was actually in my pocket the whole time. I mean if i really did it i was just paid for the ticket because texting is freaken dangerious but I was wrongfully accuse on this one. I bet if though my soda was my phone but the police man just didn't want to hear what i have to say. He seems to be in a hurry. I just hope my phone record would clear me at this point.
stupidity
They should also start ticketing for eating in the car, smoking, driving with one hand on the wheel, talking to other passengers in the car, listening to music, ummm, am I forgetting anything? People are bad drivers, with or without the cell phone to their ear. This law is a frivolous way to extort money from us. I am truly disgusted that a $20 fine is really a $132 ticket...at least I'm hoping from some of the amounts mentioned on this site. SHOCKING!!!! At least when the police call to raise money, I can say already donated!!!
Cell Phone Ticket - $20, What a Lie
Well it seems like counties can pretty much charge whatever the hell they want to for these "$20" tickets.
Mine was in Sacramento County - bail - $138.
I seldom talk on the phone while driving. I own a bluetooth but got out of the habit of wearing it since I got so few calls.
So one day my son calls me, I take the call without hands-free device, and there is Mr. CHP asshole, ready to write a ticket.
The damn bluetooth was in my pocket.
I figured, no big deal, $20, and I have started to use the bluetooth again, even if my calls are infrequent.
Then my ticket comes in the mail today, $20 turns into $138, and I find this site that basically confirms it is the higher amount.
This is no doubt a way for the government of the bankrupt state of California to get some easy money from its citizens.
The CHP have definitely kicked up their enforcement several notches.
The next time that I hear a cop gets shot, I will not feel sorry for him. There is a good chance that the bastard deserved it.
FUCK THESE ASSHOLE COPS!
Dumbass on a cell phone
Dude!
Relax.
You must live in LA.
I hope you re-think your attitude towards those that continue to serve, protect us and lay their life on the line each and every day they go to work.
Next time, use your freakin' speaker-phone or that hands-free device you could only afford to buy at the dollar-store.
reply
Cops in LA are the worst!! If you havnt notice yet the cops here are former gangbangers and thugs. What else could they do after college beside being a cops and taking advantage of the system. next time when you get pulled over look at how many gang tattoes the cop has. you ll be shock.
Cops are asshole
They dont protect! It takes them hours before they arrive to a scene when call upon. They arrive when the action is over so that they dont have to deal with it themselves. Cops are idiots and they think that they are above the law. Everytime I hear a cop get shot, I always think....maybe he deserves it.
cell phone DRAMA
I just rcvd. a "NOTICE TO APPEAR" 4 USING the cell phone 2day!....the ONE time using it......WTF.!!!!. ..aww well...m glad for the insightful info. from everyone here making a comment of this new LAW of making "DONATIONS"!! lol
$132 ticket in OC, California
I received a ticket while on a business trip to OC - and I was stopped just for talking on the cell phone - which I was not aware of. The officer said that it would be a $25 and would not show on my driving record.. I had to wait about a month to find out how much it was and it is was $132, NOT $25 as the officer said it would be...and it offered me to go to Traffic school for $180. Why would I need to go to Traffic school if it isn't going on my driving record. DAH... and also everything I see says the first offense is $20..not $132.. HAs anyone been able to fight this $ amount - it states it is $20 for the first offense- not $132..ANd I am not late yet.. It is not due until July 30th or something .. So I am confused.. Kelley
cell phone ticket
I just got my info on my ticket for the cell phone and i am just as shcked as you are i was told it was a $20.00 fine and when i recvd the citation it was $142.00. if you can get an extension i will be going to court to fight my ticket as i had a blue tooth in my ear and my cell phone was on the seat of the car. i reached up to adjust my earpiece and they pulled me over and said i was talking on my phone. I showed him the earpiece in my ear and he laughed and sai d" how do i know you just did not put that inmy ear" needless to say I will be going to court to fight the ticket. I will keep you posted
Confused in CA
Talking on Cell Phone
on May 27th, I got pulled over for being on my cell phone, I had it on speaker phone. I did not have proof of insurance in my car but the officer believed me that I had auto insurance. He wrote my ticket up for talking on a cell phone and no proof of auto insurance and marked the auto insurance proof as a NOT A FIX IT violation. I received my courtesy bail amount in the amount of $934.00. I have a prefect driving record and I find this to be loan sharking. I guess they figure if you have a job you can pay it and you are paying for others that cannot pay and are in jail.
cell phone ticket
yeah...just got the same ticket for $955.00...dunno why it's so high I'm gonna call tomorrow...have you tried calling them? The fine for the lack of proof of insurance is $25 if you send in the proof. Please keep me informed about what you are going to do.
Cell phones
Is it legal for cops to use there cell phones wile driving? I saw a Roseville cop with one in his ear for about 2 or so miles and then he missed the green light thus going thur the red. This is bull! Does anyone know the law regarding cops and cell phones?
What I heard was that they
What I heard was that they can talk on them because they can't use the hands free because they already have an ear piece in for their radio.
Wrong
I also was pulled over in Beverly Hills, and was scratching my head. My iphone was not even working at the time, and was sitting in the console. I figure this is an easy one to beat, I just have to go in with my phone bill saying that I was not on the phone at the time. This STILL did not work. The judge was a Judge Judy wannabe, who, even though the bill showed that I was not on the phone, refused to accept it. "How do we know that you only have one cell phone?" and she kept pointing at the fact that I was late on my phone bill that month, "but that's irrelevant." Yes, clearly it's not, or you wouldn't have mentioned it right? And the idea that I was scratching my head is "not believable" She clearly sided with the cop, who has the burden of proof here, yet the only proof he has is his testimony. His testimony is given more weight simply because he's a police officer. Unreal.
I'm currently appealing right now. I am willing to pay ten times what this thing is worth.
The other side of the coin
Found this site and started reading peoples comments, complaints and bad references to law enforcement.
So as one of those bad, thieving, crooked, stupid, corrupt, etc, I would like to give you the other side of the coin.
We do not create the law and put them into the books, you do!.
For the people who truly have people in hospital, sick kids, etc. Pull over and stop, talk to them, tell them you are on your way. Its better than being on the cell phone and having a crash so that you end up not getting to them, or getting stopped and issued a ticket.
Now the people who also get pulled over because of putting finger into ear, hand on head to keep it up etc, but not on the phone. Go to court with you phone records showing that you was not on the phone at that date and time. You should have no problem getting the ticket dismissed by the judge.
I have had stopped a person who had the phone up to his face, when I said I was stopping him because he was on the phone, he said that he was not. I asked why was it in his hand, and up to his face. He replied that he chews on it when he is driving.
Good answer, but believe it or not people say the most bizarre things to get out of a ticket. So to sort his comment out I asked him to show me his last dialed and received calls, and what did it show, he had not been on the phone when I stopped him. So what did I do, advised him that it was not a good ideal to hold on to his phone as it would tend to get him pulled over.
I let him go on his way along with some other comments to pass along to his friends and family, that it was also not legal to use the speaker phone system, when still holding the phone, as the law is Hands free.
I have had people say but it’s not to my ear!!!!
As for the cost, we generally do not know what the final cost is for tickets, other than what is stated in public records, (Cell $20) and if we are wrong, then we get the other end of the stick, but the cop told me it was going to be $500, and the courts are billing me $1000.
When asked I said that the fine is $20 plus court fees, note that I make sure that they know that the final cost is not just the $20. I also tell them that its not a point on there driving license, but is recorded.
On the upside I do know what total cost is for my area as my daughter got a ticket for the cell phone and it was more than the $20, like wise my son got a seat belt ticket, which was also more than the fine.
For the people who are on the cell and get caught, just remember the time when you got pushed off the road by that other person on the phone, not aware of you or people around them, and you wished there was a cop around to give them a ticket.
$132 = $20 + taxes + fines + fines... just ridiculous
Many people are misinformed as I was. I called CHP. The pointed me to this:
Search for "23123" in the following document 2009_jcbail.pdf (Google for it. Sorry, I am not allowed to post links. It a California state government document) Document titled is "UNIFORM BAIL AND PENALTY SCHEDULES" -- obvious innit?
This Law SUCKS A$$
Well, I got "busted" by a big bad motorcycle-riding-bagel-eating-moustache-having-leather-clad A-HOLE for what he said was a $20 ticket. He lied. Arnold lied. The government lies - big surprise. The ticket was NOT $20 it was $132. And, I lost the damn thing. My wife and I have a 15 month old daughter and have no free time what-so-ever and I subsequently forgot about the thing until today. I went down to pay it and found out that it had jumped up to $689. Are you F*CK!N@ KIDDING ME!? What a bunch of thieving lying PRICKS. I am a law abiding citizen. I vote. I don't engage in illegal activities. I report crime. I do the right thing for the right reasons. That said, I do not believe the police are here to help anyone. They most certainly have NEVER helped me. FU@K THE PO-LICE!
Calabasas Police Have NOTHING TO DO
I come out of the Alberton's parking lot when my mother calls. I pick up the phone (have my ear piece in my side door), make a left out of the parking lot and a cop is right there. He sees that I have JUST entered the road. He pulls me over, I try to explain, SHOW him the earpiece but acts like a the stereotypical harda$$. I'm out here for law school from Illinois where it is NOT illegal so I keep forgetting. It is second nature to just grab my phone when it rings and I am driving. I try to explain this to him, and of course, it was to no avail. Hopefully I will see him in the courtroom five years from now because he did something stupid as a cop.
cop didn't let me slide..... JERK
i was lost trying to get to a dr.'s appt for my 2 sons.... i had my cellphone on speaker and was holding it in my hand NOT EVEN CLOSE TO MY EAR kinda like a walkie talkie.....and him and his partner pulled me over and i said i was calling for directions as I was lost AND they didn't even let me slide.....NICE....this is why cops get a bad name for themselves... i'm a single mom thats been driving for twenty years with only 1 accident on my record and thats because i fell asleep at the wheel.!!!!! I pay more attention when I have the cellphone to my ear then when its on speaker phone cause I cant understand and hear the person talking !!!!!! shitty law for EXPERIENCED DRIVERS !!!!!
cop didn't let me slide
The law relates to hands-free devices. Not ear-free devices. If only you go to court and testify like this, it won't be a long trial....Hands free. Not ears free.
I HOPE ALL CORRUPT COPS DIE!
I HOPE ALL CORRUPT COPS DIE!I HOPE ALL CORRUPT COPS DIE!I HOPE ALL CORRUPT COPS DIE!
Ahh, i see ive join the
Ahh, i see ive join the $132.00 club.. Effing Cop/Government taking money from this good for nothing shitty law. EFF this Shit.
Does pleading NO CONTEST keep this off your record
Does pleading no contest at arraignment keep this off your driving record for insurance purposes???
Mine is $170 in San Diego
I got a notice saying that mine is $170 in San Diego? What the dealio? Even $132 is too much, but $170?
$180 in valencia
got pulled over for phone at my ear cop says $25 i knew better but didnt think would be over a $100.... just checked $180 f*cking dollars!!! i feel like i got robbed at gun point.... makes me want to light fires ; ;
170 for San diego Cell phone ticket
The cop told me it would be a 40 dollar ticket... found out it wa 170 dollar ticket. The punishment does not fit the crime.... wooowwwwww.... effing LEGAL theif...
1st offense cell phone usage!!!
I just received my Courtesy Notice from San Diego Superior Court. Its says that I can choose to pay my fine, which is $334.00 or appear in court. $334.00?
So much for a first offense for $25.00
The point of all this
The point of this law is to reduce accidents. A friend of mine was hit this week by a woman who drifted out of her lanes while reaching for her cell phone. It rang so she 'HAD' to get it. My friend and two of her daughters are in hospital. Her youngest is probably going to be paralysed for life.
Now I'll be the first to agree that CHP are retards and that there are a lot of bogus tickets being handed out. But the law is a good law.
how would this stupid law
how would this stupid law prevent her from reaching for her cell phone??!! She can still reach for her phone but just put it on speaker phone after she picks it up! The law is still stupid and is for sorry ass mother Effing CHPs to collect more money from us. If they really wanted to protect us, they would ban talking on the phone while driving period! Most of their laws and their cops are so Effing stupid and worthless that makes me puke. Hope you friends doing better!
Evil Ear Scratcher Wins!
Re-cap. Back in Feb. I was pulled over for using a cell phone while driving. I wasn't. I was scratching my ear. Cop wouldn't listen. I get a $132.00 bail, fine, or whatever you call it. I waited until I was able to print out my phone record for that time. Applied for a "Trial by Declaration" and paid my bail. I wrote a polite and clear explanation of the events, included a copy of my phone record showing I had not been on the phone that day, and included a copy of my bill to show that the phone record was for my phone. Today I received a notice from the court that it found me "NOT GUILTY" and is refunding the total amount of my bail. I should receive the refund within 60 days. So from the day of the citation up to today is a little less than 2 months. I will be a little less cynical from now on. I recommend patience and politeness.... unless your guilty. Then you should just suck it up and pay your fine!
Got a Cell phone with a witness saying I wasn't on the phone
I drive a taxi in San Diego. Today I got stopped and pulled over. When the officer asked me, "If I knew why I was pulled over", "I told him absolutely not" and when he told me it was because I was using a cell phone while driving I couldn't believe it. The funny part about it the police commented on what a nice Blue tooth hands free system I had. At the time I had a passenger who told the police that I wasn't on the phone. The officer said "He saw something rectangle shape by my right ear". Well it turns out that he confused my ID Badge which is required to worn by ALL DRIVERS at ALL TIMES as a CELL phone.
HE GAVE ME A TICKET ANYWAY. Could not believe it.
SO according to the police I had a bluetooth wireless headset in my left ear and holding up the cell phone to my right ear talking to them on my cell phone and also talking to my passenger because I can tell the police my exact conversation. This was ALL DONE without the my Phone company records recording the phone call. If you are in the eastern part of San Diego around 805 freeway and University beware of officer Reinhold and Maley, these police are dangerous and morons.
I will not accept this on my record. I intend to fight it. I have my phone records showing no calls within 15 minutes before I was pulled over and 30 minutes after. I also have my passenger who has agreed to testify that I was not on the phone. Intend to go dressed exactly as I was the day with the ID Badge and everything. To show that it's take a real genius to confuse an ID Badge for a Cell phone.
I don't why anyone would get a hands free set any way I spent a good $135 dollars on the best Blue tooth I could get and for what so the police could compliment me on it and than give me a ticket any way. But it really sucks the police can make whatever accusation they want and when the dust settles. You still end paying the court fees and everything to prove that you were innocent. Not to mention the lost income from going down and wasting your time in a court system. What a scam.
John
San Diego Ca
contra costa cell phone ticket $142
So what will be the next Pus*y law CA passes---eating while driving? Reaching in the backseat while driving? Daydreaming while driving? Adjusting the radio while driving? CA culture and laws are way too soft, it's sybmol is a big wet sloppy crying vag*na. Please don't be hypocrites; you must now create legislation against anything that may be unsafe. Make it illegal to shave with a straight edge. Outlaw taking Tylenol while having a beer. Make it illegal for adults to smile at children---you'll cause their mothers to experience anxiety. The sanctity of life is sooooo effing precious, by all means, don't leave the effing house, unless you've applied sunscreen (next pus*y law.) You're a bunch of pus*ies and you voted the sloppiest whiniest Sheila Broflovski politicians to represent you. No wonder your state is in such a deficit. You shoot from the pus*y. You let the softies pull the wool over your eyes with their soft crying pus*ies.
Notice how other states haven't followed suit quickly with passing this law because they aren't a bunch of safety freak pus*ies trying to make names for themselves. I hope the politicians who made a name for themselves passing this Pus*y bill into legislation are proud of the name they made for themselves.
$132 cell phone
Blame it on toxic assets - San Mateo lost $132 Million when Lehman Brothers failed.
They only need to pull over 1M morons on their cellphones to get it back.
But, I don't like the law either. The law should say - "cause an accident while talking on the phone, go to jail for 1 to life depending on the damage and mayhem caused".
First (non) offense $132
I had my phone wired to my earpiece ie following the law and using a proper handsfree device. I picked up the phone
for a few mins while still talking thru my earpiece.
The lights go on. I stop and I show the CHP officer my earpiece, and that I was using that. He tells he he does not know what it is.!!! or rather refuses to know what it is !!! All he talks about is I need to drive with 2 hands on the wheel ... So WTF am I suppose to do. I have never had a ticket all my life !! ( Accidents yes tickets NO )
I figure always a first time... $20 may not be so bad..
I get $132 no explanation of the fees. I check the Uniform Bail Code PDF and I see sample calc of $76 I dont know what fuzzy math is used to coem up with this amount. I thought I would fight this.. But reading that everyon se else it seems all of us are getting scrwd-ovr and in my case its the technicality!!
Next time I get a call for donation I am going to have a serious talk with the guy on the other end of the line..
Get your pitch forks ready... !!!
Ticket Folsom, CA
Cell phone ticket $138 Folsom CA 1st offence!
Have a Palm 750 treo with speeker phone. Yep, and I was only holdling the phone with speeker on. Additonally, my nephew had emergency heart surgury that morning and a peer had emergency kideny surgury to be removed: both that morning and calls were coming in to give me most needed updates...I explained this to the police, but he said, "Sorry, you were holding the phone. That's against the law." First-time offence should be $20, but, you guessed it, a ticket for $138 arrived WTF?
CA so freeking broke they go after law abiding citizens... get this.. I had a little work done by my property in Orangevale- right of way. Wide open space.. to remove 1.5 yards of dirt. Two days later, with four trucks, a bob cat and 8 laborors.. it is still not finnished. Second day.. they pulled with four trucks at 7:15.. by 10:00 they still did not have the bob cat off (which I spent 12 years in construction- this project needed two guys with a shovel for about 4 hours to comlete) and they were all standig aroung BS'ing.
Freeking out rage of out tax payers dollar... More TEA PARTIES!!!
132.00 cell phone ticket
I just called the traffic division to ask about my 132.00 ticket for first time cell phone offense. She said "that's right...132.00...whoever told you differently didn't have the facts right. It has never been 20.00." whatever. Plus a judge I know personally advised me NOT to waste my time going to court. whatever.
Cell Phone ticket advice
OK - got the CV 23123(a) ticket. Below is what I'm doing. Hope it helps someone else.
It was morning, and I was punching in a number on my blackberry. The blackberry is handsfree talk / listen, as is my bluetooth speaker that is mounted right over the visor. Cop sees me holding the blackberry and punching in the number...and before I hit send: woo woo go the lights and over I go. Tried explaining I wasn't "on the phone", and pointed to the speaker phone. He barks at me and tells me "there is no way you're talking your way out of this, so just be quiet".
Here's the deal:
1) The actual code for CV23123(a) states "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 have pulled my cell phone records and can prove I was not on the phone at the the time of ticket. The first call that my phone was involved in on that date was a good 40 minutes after the cop ticketed me.
2) The phone I used is configured for hands-free use. I have pulled the manufacturer's specs to prove this. It was no where near my ear. I was typing the phone number into it, the officer saw it in my hand.
3) I had a bluetooth speaker over my visor, in plain sight of the cop. This speaker adds an additional layer of "handsfree". I am bringing that speaker to court.
4) Lastly, as many of you have pointed out - dialing a phone is NOT a violation of 23123. The code prohibits talking and listening in a manner that is not handsfree. Not dialing.
5) On the offchance the cop tries to argue "you were texting", my response is that he charged me with 23123(a) (the cell phone talking code), not 23123.5 - which is the texting code. He can't change what he charged me with after the fact.
So - I am all set to argue my case that I did not violate 23123(a). Here's what I've done on court logistics:
1. First - wait for your notice to appear. If after 3-4 weeks it does NOT appear, call and go online to look it up. Once you get the notice, go (in person) to the traffic clerk to sign up for an arraignment appearance in lieu of posting bail. DO THIS. I bought an extra 6 weeks (on top of the 6 weeks already spent) this way. You can also to Trial By Written Declaration - but my case was sticky. I have an old address on my driver's license, and all of the ticket notices went there. I started getting scared when I couldn't do the automated phone system (after 6 weeks the citation STILL hadn't appeared in the system), so I went there in person.
2. On the day of the arraignment (3 mos after the ticket), they told me that because the officer did not submit his side of the story in writing and was not present - I had 2 choices: traffic school or formal trial. I could do traffic school...but dammit, why pay a school $300 and then the Gov $200 for a violation that I did not commit?? It's become a matter of principle. So I took the formal trial option. They set the trial date for SIX MONTHS later. Holy cow! It's highly unlikely the cop will show, and if he does - he probably won't remember what took place 9 months earlier on a routine traffic stop.
3. I have all of my evidence (cell phone records, phone specifications) neatly organized and put into a folder, and I am waiting for my trial date later this fall.
I would love to hear from anyone that's fought CV 23123 with a similar defense, what's working and what isn't?
$132, Bull sh*t!
LOVED the fact that the cop that pulled me over told me, "Nothing to get worked up about, it's a $20.00 ticket and no point will appear on your driving record." Got my ticket in the mail today and it's official, I'm part of the $132 dollar club! Big FU to the cop that pulled me over, and a bigger FU to the state of California for squeezing their constituents for all they've got. Kudos to all that fight their tickets. The fat cop will get TONS of donuts with that bonus he earned from our fines. THANK YOU Arnold Schwarzenegger, you are doing a bang up job.
A-holes
I just got my 1st cell usage ticket and I was told is was going to be like 20 buck i was ok but i got my notice and is 208 dollars what the heck. who do we fight about this 208 buck like i have that money to trow away yess i was using the phone but why lie about how much we are going to pay just tell us you are going to pay over 100 dollars nomatter what I garantee people will stope using the phone
\
ME TOO
OMG. I was told the same thing, 20 bucks and no point ticket. Ok, whatever, fine. I just got my $132 fine today! I was wondering how it went from 20 to 132 and here I find you. But my ticket is not itemized, so i guess its "administrative fees." What a bunch of bull.
Cell phone tickets a way for the government to collect money
They knew everyone!! is doing it so why not enforce it and start collecting...people get into accidents for other stupid thigs give me a break a got rear ended she wasn't on the phone she was just NOT!!! paying attention
Cell Phone Citation
My citation is $141.00 in Yolo County together with a $25.00 administration fee. The law clearly states $20.00 first offense, $76.00 first offense with other
violations on the citation and $190.00 for the second violation. In my case, my first offence but I was also cited for failure to provide proof of insurance (my fiance carries his insurance card in his wallet and I was driving his vehicle) so $76.00 plus $25.00 administration fee does not total $166.00 that I have to pay.
I am more than willing to pay the fine for my violation - as the law states - but I would like to know who decided to add the arbitrary fees and who decided what those arbitrary fees would be that have been added to the fine, especially considering they seem to be vary according to each County.
Isn't there someone whom we may consult to file a class action suit against the Superior Court of whatever County for failure to comply with VC 23123 and VC 23124 which sets forth the fine for violation of these vehicle codes? I would think that some public advocate would love to take on this cause.
illegal stop??
I was stopped today by a CHP Officer. He claimed he stopped me for illegally using a cell phone while I was driving. I was not, although I did have a cell phone in my jeans pocket. He said thank you and allowed me to go. So LADIES, be careful playing with your hair or earrings......or just make a CHP's day and drive around with your big cheeseburger stuck in your ear!! :))))) They can then waste time stopping you that could be put to better use.
Traffic school with using cell phone
Just got a ticket for using cellphone while driving. On the ticket, there is an option to go to traffic school. Is it needed if it does not affect the point and insurance?
thanks
fine is not $20 bucks
Who ever said that using my cell phone while driving and getting caught would only be $20 if full of sh#*! I got my first ticket and it's going to cost me $122.00
and i might even receive a point on my driving record plus my insurance might go up. the letter also states that if i want to take traffic school i have to pay an additional $64.00. I cant afford to pay the ticket let alone pay for traffic school. So if anyone wants to call me and my phone goes straight to voice mail it's because I'M FUCKING DRIVING so leave a message!
ticket amount
What you are telling people is not true. My son just got a ticket for first time use of his cell phone while driving and the bell amount is $132.00. So there is not such things as $20.00 $50.00 or $76.00. Thought you should know this. Thanks
$256 Unjustice
I received a $256 fine for my talking on cell while driving for the very first time, just want to say the cop was a real ASSO!!!!!
I'm definitely fighting it, all the way!
cell phone ticket
got my first cell phone ticket.
got a letter from the court and am being charged 132 dollars. vehicle code 23123(a) as listed on DMv/sacramento states that first offense is 20.00 and additional offenses are 50.00. This is actually law.
why the heck am I being charged 132???
would appreciate feedback. I don't mind paying the 132.00.
Even when news reports aired about this law taking effect local newsports reported that 20.00 for first offense and 50.00 for offenses thereafter.
hmmm............
C.V. 23123
Have you ever read your Citation? Does it really say that your Citation costs you US$ 132.00 or is that merely your Bail Amount? If you GoOgLe "Bail" you might understand that Bail does not equal Fine. I received a citation as well, while on duty working as a Security Patrol Officer responding to an alarm, but unlike many, I will pay my bail amount, whatever the citation will cost me, and go on with my life. Following is directed toward the rest of this group:
Why would you gripe and complain about a L.E.O. doing his job YOU pay him for, knowing that you have broken the law, regardless of what part of the state you are from. If you or your loved ones are killed by someone distracted while Driving under the influence of a Cell-phone, you are going to scream and yell for a Lynching Mob. No hard feeling Y'all. Abide by the law or pay the consequences, I am! Does anyone here not know that it is illegal to use a Cell Phone while driving? Those who do know, but still use a cell phone while driving, what makes you so special, not to receive a citation for? Why do you blame the Government and the L.E.O. doing their job, if YOU are the one breaking that law. Take personal responsibility for your actions, it is not the Officers' fault that you are using a cell-phone while utilizing a Motor Vehicle. I could go on and on and on....just like the Duracell Commercial, but that's the same you are doing....
Re: C.V. 23123 Soapbox
As the old saying goes, "If your going to commit the crime, be willing to do the time (or pay the fine)". I believe that all these people were, in fact, living by that credo. I did. Seriously, $20 on the off-chance that a cop is on the road and spots me before I spot him/her. It's worth it. Fortunately, I stumbled across this forum and found out the easy way that things aren't what they seem.
Anyway, all you people who have been burned should do the right thing and give your friends and family a heads up. I'm sure a lot of people view this violation as a low-cost gamble, considering the base fine is all that seems to be reported.
Let's get a little education:
In response to your careless comment: First, let's explain a little bit about doing your job. In the cases being discussed "doing your job" means stopping people who are using their cell phones while driving. Many people who have commented on this site, had Blue Tooth, they were not using their cell phones, but the uneducated bonus driving officers 'interpreted' as using the cell phone. I paid 280.00 for my blue tooth. I was not using my phone when the police officer stopped me. I demonstrated to her how the Blue Tooth works, which showed her that a call automaticly goes on blue tooth and can only be de-activated by using a headset. She said that she could not take back the ticket once she wrote it. She also went on about the $20.00. I don't are if it's bail, if it's fine, we still have to pay money we don't have, and Ms. 18 year old police officer still had the gaul to give information she knows nothing about. If you would open your mind, you would see that responsibiltiy works BOTH WAYS!
$20 Fine
I think you are missing the point. Most of the people are stating they are MAD because the fine was to be $20 for the FIRST offense, NOT $132. If the fine were $132 for the first offense, the state should be saying just that.
Violation Cost is not $20
In Glendale, got a citation 2009, and it is $131 I was on the speaker phone, but holding the iPhone in my hand, away from my ear.
add on.....
This was my first ticket!!
Price for cell phone violation #1
The 20 dollar price for the first infraction is not correct. I just recieved a ticket for one and its $107! and will double everytime after that. SO BEWARE! I live in san luis obispo county in CA.
cell phone ticket
This is crazy how can a $20.00 ticket turn into a $104.00 in Santa Cruz County!!!
It seems that a lot of people go to court for being mislead....I will do the same!
I feel they should just say how much it is in your County and not just come up with a number.I want a break down of what the $84.00 is for!!
Santa Cruz cell phone ticket
I was stuck in traffic soquel village just past the fire department. I was talking on my hands free device (attached to viser) and holding my phone with both hands on wheel.
I don't usually talk on the phone while driving but I had an emergency. One of my young children had been dropped off at home by her friends mom after a play date and the friends mom thought I was home and left. So the child is home alone and very upset. I was trying to talk to her and make her feel safe until I could get there. The cop pulls me over and I explain what is going on. I didn't even realize I was holding the phone. I didn't need to be holding it as I was talking on the speaker device above my head. He took 15 minutes to write the ticket. My child was frantic. She was home alone and her mom couldn't get there because I had been pulled over. He also cited me for not yeilding to traffic. I am not sure what he was talking about. I was in traffic and there wasn't anyone to yield to as i could tell. I could barely move my car. It was bumper to bumper. My citation is $300. I am doing a trial by declaration. Any advice?
False accusation 3/10/09
I live in San Diego and I am a Truck Driver for a construction material company. My duty is to drive to Los Angeles to our corporate office to transfer any material needed for our San Diego division. Before I LEAVE Los Angeles I call my San Diego Dispatcher on my company phone confirming I am ready to leave which was 10:45am which was one call I recently made on my company phone and also 8:15am on my personal phone talking with my wife earlier that morning. I am driving south on interstate 5 around the Santa Ana area at 11:15am. I notice a police car up ahead off the right shoulder of the road and as I pass the police car I simply adjust my sony ear phone ONLY on my right ear that is plugged into my phone as a substitution for a blue tooth. Instantly I am being followed by the police man and he turns on his sirens and I am screwed. But “FOR WHAT!?” I ask myself……???????? I was driving the speed limit, my load was secured and I definitely know I didn’t cut anyone off no reckless driving whatsoever comes to mind….!?I am clueless!?. He approach’s my car and accuses me of talking on my cell phone while driving. I demonstrated that I use this sony ear phone that was attached to my cell phone as a substitution for a blue tooth ONLY on my right ear and that he mistaken me when I adjusted my ear phone that it looked to be like a cell phone when I secured my ear piece. I offered to show him my personal phone and my company phone that I made no phone calls relating to the time of this accusation. But he clearly denies what I say and writes me up a ticket for talking on my cell phone. So before he was done writing me up I wanted to confirm with him that it is alright to talk on my cell phone using this ear piece ONLY on my right ear as a substitution as a blue tooth and he said “YES” and that is what I did. Since I got no where talking to him I accepted the ticket. So since this happened yesterday I notified my personal cell phone carrier my company phone carrier to send me a detail description of my phone activity showing evidence I did not make any phone calls during the time of the citation. I mentioned earlier that I made a phone call to my dispatcher at 10:45am from Los Angeles at my CORPORATE OFFICE on my company phone and with carrier giving me detail description with talking duration time will show that the phone call was at least 2 minutes long showing evidence that it cannot match around the time of my accusation and on the other hand talking on my personal phone at 8:15 am obviously cannot overlap the time of the accusation. I will contest this ticket with the evidence I have and I will give a update of the outcome.
False accusation 3/10/09
Isn't it great that, in this country (most of the time), Law Enforcement people are not judges? You're being resourceful and proving your case using irrefutable evidence. It's unfortunate that you have to spend your time to defend yourself when you were innocent but that's better than the alternative - I'll take democracy with its extra work, any day. I will say, anecdotally, that a friend of mine used to put some cash next to his driver's license so it was visible when the license was presented to an officer during a stop and, out of 5 traffic stops, none of the officers ever took the money OR accused him of bribery, though the officers' responses (all 5 stops being clear traffic violations) varied.
FWIW, there's no law that says the headset must be bluetooth. You simply must be using the phone HANDSFREE. In a pinch, you could dial the number, turn on the internal speakerphone, put down the phone, and still be HANDSFREE.
The CA DMV Website says that our HANDSFREE law does not prohibit dialing (http://dmv.ca.gov/cellularphonelaws/):
This law does not prohibit reading, selecting or entering a phone number, or name in an electronic wireless device for the purpose of making or receiving a phone call.
Some phones also have voice dialing on any phone running Microsoft's Voice Command (including Palm Treo, Samsung Omnia, and HTC SMT5800). This lets you dial a contact by just saying DIAL followed by her name. Unlike the last generation of voice dialing, you don't have to record the persons name in your own voice for each contact. This is almost Star Trek folks - the voice recognition software searches all the contact TEXT entered for a match with what you spoke! Beam me up! And if you want to call a number not in your contacts, you can just say DIAL - 619 696 6966 and the phone will dial those digits. The only thing you had to do with your hand was to press one button to start the process. The only downside I've found is, at least on my Treo 700wx, I can't voice dial via Bluetooth. I can voice dial via the built in mic and via a WIRED headset.
Recent reports seem to support the suspicion that it's the conversing that's the real attention-robber, not necessarily how your hands are involved. I can't explain why there's a difference between a conversation with a passenger and one with a person on the phone, but it's looking like, neurologically there may be. So it's more important than ever to ask yourself if you really need to make a call while driving and if you do, can you make it brief, promising to fill in the facts when you're not driving a 2 ton vehicle at 65mph.
---------
While I'm at it, I'd like to update the June 24th, 2008 initial post to this thread by ashkan, by reminding people that texting is also illegal while driving (affection January 1, 2009) as it should have been FOR ALL DRIVERS when the law went into effect in June 2008. I mean, doesn't NOT TEXTING while driving seem more important than NOT TALKING?
Last Donation to Any State Funded Org...
I got my first ticket, but had just made a right on something that should've been a Yield sign, but was actually a Stop sign that I blew through (totally safe, though). I also didn't have my seatbelt, so took the ticket and kept my mouth shut in the copper was aware of any of the other infractions. I have yet to find out how much it is, but as a student of common sense, know that the most dangerous thing about cell phones and driving are texting (not illegal) and dialing. You can smoke a cigarette while driving or just keep one hand on the wheel. The law doesn't help anything except fill the coffer with more shakedown fine moeny. But, the irony is that (a couple other posts say the same) I'll not be donating to the PBA, or any city/state funded charities ever again. So, enjoy my first offense ticket money. You'll be missing out on 10X that amount of money annually. Also, looking for CD's under the backseat is more dangerous, chnaging your shirt while driving is more dangerous, many other things are more dangerous, yet none are illegal. It seems that this law was passed becasue cell phones are so prominent that it was a guaranteed money maker. here's the thing, though - the state could provide a service that actually makes money for once. Something like useful public transportation. Don't forget, we voted you into office and can give you a riotous revolution and just as quickly take you out.
Last Donation to Any State Funded Org...
Panda, TEXTING has been illegal for ALL DRIVERS in California since January 1, 2009 (see http://dmv.ca.gov/cellularphonelaws)
I have to ask, though: do you give money to the PBA so they won't pull you over? This type of organization, which is not municipally or state funded is typically a fraternal and PAC organization. The San Diego Police Officers' Association web site DONATIONS page doesn't even have a link. The CA Peace Officers' Assn is mostly advocacy but they do have a 503(c) for businesses "to enhance the collaboration among the private sector, public safety, and community organizations."
Regardless, saying you're not going to contribute to such organizations and they'll be "missing out on 10x that amount of money annually" implies that the fines go to the same "coffers", which they do not. If you stop contributing to a PBA-type organization, and if they used your contributions to help the families of officers hurt or killed while doing their jobs, you're using the wellbeing of these families as a bargaining tool. I would like to find a study showing how many people with PBA bumper stickers or KMA-367 license plate holders (http://tinyurl.com/arbvpa) really get a break from police officers.
As for your comment that "looking for CD's under the backseat is more dangerous, chnaging (sic) your shirt while driving is more dangerous, many other things are more dangerous, yet none are illegal" I think that any unsafe operation of a motor vehicle is illegal. This specific law was simply meant to codify it and if you look on the web, you can find the report for AB770 that showed that cell phone usage was the cause of more accidents than any other single thing: http://www.chp.ca.gov/pdf/CellphoneLegRpt.pdf
Orange County Cell Phone Ticket $142
Just got the ticket in the mail today, $142 is the bail amount. I was only ticketed for talking on my cell, nothing else. Ridiculous. Curious if anyone has attempted fighting it in court and if the judge had any leniency?
Nope! My ticket was $141.
Nope! My ticket was $141. The sad truth is that California is looking for any type of revenue it can get its hands on. You can fight it with success. But its gonna cost you a lot of time and money.
cell phone ticket
I just got my ticket in huntington Beach and the cop said its a 20 ticket... it does not go on your record and DMV keep track in case you get a second one... WELL I just got the bill 132.00..... Geeze what a rip off... I supose the second is 40 and really is 500 or more....
no more donations!
My son was on my cell, terminated the call, then handed it to me at which time I passed an officer. Needless to say I was pulled over and given a ticket. The motorcycle officer told me he didn't agree with the law, but he still has to give me the ticket. My response: "even though I don't agree with this ticket I'll have to make this my last donation to the police association charity fund!"
$138 Cell Phone while Driving in Sacramento County
Here is the breakdown for the $138 ticket. Base Fine $20 Penalty Assessment $44 State Court Facilities $4 Night Court Fee $1 DMV Fee $10 20% Criminal Charge $10 Criminal Conviction Assessment $35 Court Security Fee $20.
A $20 citation will cost 6x's. Absolutely unbelievable.
We voted for those clowns. We certainly can't complain.
I see, these tickets aren't
I see, these tickets aren't like regular traffic violation. For citation off your previously untarnished driving record, you need to go to traffic police department. Certainly a bill that's certified from your phone company showing your call log, along with the date and time of your ticket, should demonstrate that you weren't talking on your cell phone. If this is in the U.S., unless this is an administrative traffic issue, they have to prove you committed the crime beyond a reasonable doubt. It may be that simply presenting the cell phone records to the Court (or to the prosecuting attorney) will get the charges dismissed. The question is, do you want to spend the time and money fighting it, or can you just pay the fine.
One thing you can do is call the prosecutor assigned to the case and explain what happened web hosting along with new dedicated hosting servers. The prosecutor may dismiss the charges without requiring anything more.
Good luck.
Well I never voted for this
Well I never voted for this socialistic,communistic,democratic controlled free lunch State legislatures of CA.
And I was totally against this law and all the special interest groups and false studies they did to enact this freedom robbing right that has made the "hands free" cell phone equipment providers very rich. JG
Modesto P.D. pulling up Cell Phone records?
Yep got a ticket today for cell phone use while driving a car. Shame on me I had the wire plug-in for the phone with me but was in a hurry and forgot to plug it in. Phone rang and on instinct I picked it up and immediately got a ticket from a passing cop. OK my bad.
The curious thing is the cop never ask to see the cell phone which I put in my pocket to hide out of shame. However on the ticket it has the color and model of the cell phone. I can't believe he saw all this while passing by at 45 mph in the pouring rain. Yes, I am not lying it was raining. So someone tell me if its possible for law enforcement to run your name and see if you have a Cell Phone account? I know I am reaching here, but its kinda weird he would know that.
Got a cell phone ticket, now what do I do?
I got a ticket for talking on the cell phone ($132 after all fees) , I'm not trying to contest it or anything. I just want to know if appearing in court is mandatory. I don't really want to, but I hear these tickets aren't like regular traffic violations where you pay the fine and have an option for traffic school. Could someone please give me some insight on as to how I can take care of this and/or get the citation off of my previously untarnished driving record?
heartless cop
i should say i'm guilty using the phone for a very few seconds, like 30 the most when i picked up a call approaching a red light onto the 210 fwy in san dimas. then a cop showed up like a ghost behind me. pulled me over, politely i said, it was an important call i had take and i was using the speaker phone device... cop said; doesn't matter. yup! nothing matters to them, because whatever you say really means nothing to them.. they're trained be deaf and heartless. even if it takes away food from your table. i earned 54 bucks that day and i got fined for 132.00 first offense!! someday i want to be a cop to make easy money or a burglar to make...what else...easy money! thought of contesting this but after reading the thread, likely i won't because they need funds. clearly, this is just money-making law.
San Dimas was my home town
San Dimas was my home town and those cops really are weenies
heartless cop
If you did use a "speakerphone device" (i.e. handsfree device) then you can contest this. Go to court and ask to have the officer be there too and have him swear that he saw you using the phone, in your hand, in an illegal fashion.
Why is the first time cell phone citation fine not $20?
Did anyone successfully contest their first cell phone citation ticket and end up paying less than bail amount? If so, how did you do that?
Cell Phone Ticket- $132!!!
I just got a cell phone ticket too- cop said it would be $20, and I received a letter from the court saying I owed $132. Did anyone ever reply to your posting? Is there some way to fight this?
I guess I have the winning ticket at $250
Got mine in Upland, Claremont area. I wonder if it went up because I got a fix it ticket as well for tinted windows in the front. Next time, i'm not going to hang up, either that, carry an electric shaver with me. "no officer, i was shaving"
Cell phone ticket $132-West Los Angeles, 1st offense!
Yep, and I was only hopdling the phone to try to connect it to my headset...it wasn't connecting, so I kept trying. I explained this to the police, but they said, "Sorry, you were holding the phone. That's against the law." First-time offence should be $20, but, you guessed it, a ticket for $132 arrived in my mail. They never mention the hidden costs, which I am assuming are what ran the fee up so high.
The Ticket
My last traffic problem occurred when I went for a donut. This time I was out for a coffee. Remember, when as a child, the use of a car was off limits? Stop making unneccessary trips! Remember in Will Smith's "Seven Pounds" movie the car accident that kiled his family was caused by him texting while driving.
cell phone ticket
I am over 50, first time cel ticket, first time ticket in years and years, reached out of habit, oops, picked up sat it down on my lap, and at light stopped picked it up to say I was in the car could not talk. It was a slow traffic area, guess I will remember now! by the way thought I would update cost of first time in riverside county, $141.00!!
phone ticket
It seems that the different costs of the phone tickets is the same old BS government we all have come to love. The Double Standard hard at work. I do think that driving while talking is dangerous, my daughter and my grandson were almost killed because of that. If you have a state wide mandate then make it the same cost.
cell phone ticket
I just received the letter from the court to pay my first cell phone ticket....God I will never answer that phone again while driving because the conversation cost me $132.00. This ticket was from two police officers in La Mesa, CA . This town really needs the money I guess. What a rip off. I hate my corrupt California gov't. I thought I was only going to be charged "like a parking ticket" the officer said. He also seemed to take forever just to write the ticket. What is with that control crap?
Welcome to La Mesa
Although your ticket is highly unfair you are also dealing with the most ruthless corrupt street gang in San Diego county. The La Mesa PD. They pulled my wife over one night (not for a cell issue). She waited till she got into the Vons shopping center right there next to round table pizza. She wanted to be in a well lit area as I have told her (and the media ) to do so if you feel unsafe. This jerk ass went off on her like no tomorrow. She explained to him it was her right to pull into a well lit area with witnesses if she chooses. He sited her for failure to yield to a police officer, evasion, resisting arrest and the license plate light that was out (the reason for the stop). This went to court and all hell broke loose. The judge was very hot over this kind of Nazi like display. He even told the officer, the supervisor, and the DA that they have big problems over there in La Mesa and they need to dial down the "Stalin Like Tactics". That this mother of three had every right to feel safe during her "FIX IT TICKET" Ordeal.
After that we had police patrols by our house all the time. My wife would get followed every time a cop saw her car. She was pulled over two other times for no reason. No tickets but just to "CHECK HER PAPERWORK" We sold that car and bought a new one. Then we finally just moved further out into east county. No more LMPD!
FUCK EM!
So be warned......LMPD are EVIL! The worst San Diego has too offer!
The police.
I have a healthy dose of fear about the police. I worked for a police department for over five years and saw some of the most dishonest people I have ever seen in my life. The PD I worked for was not in San Diego County, but Orange County. That department was well known for the scary intimidation tactics, random beatings, faked evidence which caused trumped up charges. None of this was ever racially motivated, it did not matter what color you were. They got excited by the "kill" and beating heads.
You did the right thing in going to court. Judges are really starting to hold these bullies feet to the fire. They get away with murder and the departments turning their heads to the violence. It was scare the socks off of you, if you knew the things I know about police departments. I would NEVER stop my car in anything other than a well lit, heavily traveled area.....NEVER.
hmmm...
well, i got a ticket on sep22, n i was scheduled to go in on nov 27 something like that so i did then the court clerk said there was no ticket with my name so i left the court room vacations came around i told my best friend to check it for me she did we have the paper work stating that my infraction was still not listed in the computer... so today i go to the dmw to see if i can change my add on my license the girl there tells me u cant u have a hold u didnt pay an infractin u have a FTA/FTP failure to appear and failure to pay... so i go to the court the court sais yeah its here and ur case was sent to collections NOW THIS IS BULLCRAP.....
Got min Bail request today - $93
Sounds like most everything has been said. I'm just verifying that it's $93 bail in Los Angeles County. I got my ticket in Hollywood in December. The Cop told me it would be $20, for a first ticket, when I made my point that traffic wasn't moving.....I was caught up in traffic on Hollywood blvd. My Sitter called and I answered the phone, to confirm I was on my way home, less than 15 second call!! Traffic never moved, in the direction I was traveling. However a cop passed on the otherside and flipped a U turn, endagering others just to pull me over, once we started moving. Yes I answered the phone, No I wasn't moving when I answered it!!! This is no different than pulling over and talking on the phone. I'm going to court and fight it. The officer was wrong, and unsafe. What I did wasn't. I'm very judicious on my cell use.
THIS IS COMPLETE GARBAGE
I also got my first cell phone ticket in the mail in the amount of $93 dollars. What cracks me up about the whole thing is that on the 8PM news they advertise it as a $20 dollar fine and how the first time isn't a big deal when in reality you will pay $100 after all the taxes and court fees. Nice way to #### everyone over and suck you into still using the phone thinking $20 bucks isnt much and take your chances when in reality they know you will pay 100s and for 2nd violation its over $200 not $50 dollars by the way. Our law enforcement system is a complete joke and they are just finding more and more ways to steal money from you to support the crap they call law. get a life and stop robbing people already
This rule is ridiculous
I was driving and itching my ear.. I guess the officer couldn't see that's what I was doing and gave me a ticket! I plan to fight it and take in my cell phone bill to show I was not using my phone! People drive with one hand all the time what's the difference? Soo dumb.
Add me to the list of Evil Ear Scratchers!
This morning I got hit by this stupid law too. I was on the 14 southbound around Golden Valley. My ear itched. I scratched it. I noticed a motorcycle cop watching traffic while I was scratching. I thought "wouldn't it be funny if he thought I was on the phone?". One minute later he was behind me with lights flashing and sure enough, he cites me for not using a hands free device. I couldn't reason with him. I asked him if I could show him the recent calls made or recieved list on the phone to prove to him that I hadn't used the damn thing since Friday afternoon. He just rolled his eyes and looked at me like I was an idiot. He said it would matter...he "saw me use the phone." I demonstrated how I was scratching my ear but it was pointless. The argument for or against the practicality of this law has to include whether or not it can be fairly and or reasonably enforced. In my opinion the devices are too small to able to distinguish between clenched fingers and a phone, especially viewed through moving car windows. I want to fight it but fear that the system is stacked against the average law abiding citizen. So I too am anxious to hear from anyone who has taken their battle all the way.
Cell ticket for touching my face
This happened to me too at Oceanside Harbor. I was driving along and saw the police car on the side of the road. I passed the police and he immediately got behind me, pulled me over and gave me a ticket fopr talking on my cell phone. My phone was in the other side of the car and I hadn't talked on it for over 2o minutes when I was at home. The ignorant cop didn't want to hear anything or check out my phone records. Now I have to go to court to deal with this, I have phone records as proof, but what a waste of time and money.
What can we do to make this fair and not be falsely charged with cell phone violations????
Everyone this has happened to should communicate to build a case against the crooked, theif cops and local government.
Oceanside cops are jerks!
Cell Ticket for rubbing my ear.
I"m less than 3 minutes from home and a cop on the other side of the street does a quick u-turn, and follows me all the way home. By this time I'm in my driveway and she is telling me to stay in my car. I do as she says. She comes to the car I am driving and says, "Do you know why I'm stopping you"? Unpleasantly surprise I say, "No, I haven't a clue." She says I was using my cell phone. I hadn't used my cell in 2 minutes since I left my friends house. I tell her that I was rubbing, scratching my ear. She looks at me and denies that I was doing that. I adamantly tell her that I was scratching rubbing my ear and she says, well your weren't and that's that. I'm frustrated right now cuz it just happened and even if I do decide to fight it, i don't think my chances are good because i believe judges will favor on the side of law enforcement over the truth. Anyone have experience and success fighting this bogus law?
Raise the Fine
RAise the fine so that we can close the budget gap. Before cellphones became widespread, people were still driving. Break the law if you must, but be prepared for the consequences and quit all your whining.
How about be honest about
How about be honest about how much the fine is? I understand I'm going to be fined if I break the law, but why blindside me with a fine 7 times the amount it was stated to be? We wouldn't have a reason to whine if they weren't trying to be crooks about it.
cell phone
If you are so confident about being right and raising the fine than have some balls and put your name. It's easy to say what you want when you're anonymous. Grow the heck up.
Cell Phone Fine
I have a friend whose sister was hospitalized (emergency room admission), and when he received this emergency call on his cell phone, a cop pulled him over to write him a ticket. He is on total disability, has no income beyond the basic $864 monthly, and now he is expected to pay a $128 total fine. Is there anyone out there who knows how he could fight this? He has a copy of his sister's hospital admission papers...will this help him, and if not, is there any way to bargain it down?
Friends
If you are a true friend, you will loan him the money and arrange a way for him to repay you. You're welcome.
can someone help me with
can someone help me with this- Im 17 and got a cell phone ticket. some people say the ticket is 50 dollars some say its 130 dollars (all taxes and the other fees included.) So how much is the real fine with all the taxes?
Whatever It Is
It doesn't matter. You won't be breaking this law again, right? Consider that you've paid your dues in learning this the hard way.
Fight it.
Here's the deal.. police officers, etc are exempt from the law. They are also allowed to use their police computer, with monitor while driving. I would like to know if they receive special training to use this equipment (including the cell phone), and if so, why can a citizen not receive the same training? I imagine their cell phone exemption allows them to use the phone for official purposes only - however, I would bet everything I have that most officers abuse their exemption and receive/make calls to family, friends, etc.
It's a dumb law & the only real purpose is to have another reason to be able to pull you over to find something else they can fine you for.
California doesn't deserve your tax dollars. Move.
CELL PHONE
ON NOVEMBER 17TH, I GOT ILLEGAL TRAFFIC TICKET WHILE DRIVING ON NORTHBOUND 110 FREEWAY, THE SHERIFF STOPPED ON ME SAYING I DROVE A VEHICLE WITH A CELL PHONE. I TOLD THE OFFICER, I AM DEAF AND NEVER USED A CELL PHONE ALL MY LIFE, THE OFFICER IGNORED ME AND GAVE ME A TICKET ANYWAY.
ANYWAY TO KNOW WHAT AM SUPPOSE TO DO WITHT THIS ILLEGAL TICKET? WHY NOT OFFICER ISSUE ALL THE DRIVER WHO DRIVE WITHOUT A CELL PHONE AND SEE HOW THEY FEEL ABOUT IT.
For SMS Pay 1500 INR
It is great things to prevent accident on road while driving. If a people talk with their cell phones while driving they can not control their speed or better driving. Even Indian Government has announced that from the August 2008 if a person sending SMS while driving will pay 1500 INR for that.
cell Phone ticket
Looking for advice as how to take care of my ticket...fine amount was $135.00/ San Diego Calif. 1st time ticket. Should I make the officer appear in court? Should I appear in court and ask for leniency? Any helpful tips from your experiences??? Thanks!
FIGHT YOUR TRAFFIC TICKET!
1. Extend your ticket's due date and try to get 2 months or more. You might need to call the court clerk in person and say you would please like to get an extension on your traffic ticket. Remember that the web based ticket extension will generally only give you one month but the clerk will give you 2 months. Go to the court physically if you completely can't get through to the court by phone if you have to or request an extension by letter in writing at least 2 weeks before the due date of the ticket, but this is tougher to deal with because you can't always verify what happened in the mail. Just call in a bunch of times until you get somebody and be very very polite to the court clerk.
2. Around 10 days to 2 weeks from your new due date, write a letter to the court and have it go something like this. You would have to address the letter to the Clerk of the Court, the court's address, your citation number and the date. Put an attention line to the clerk and write something like, Attention Clerk of the Court, please hand this letter to the presiding traffic department judge or commissioner. I sincerely appreciate it and thank you for your help.
In the letter write: Your Honor, I am having financial difficulties and can't afford to take the time off from work, blah blah to come to court in person. Please allow me to make my pleas in writing. I would like to plead not guilty on this citation and to please request a trial by declaration. Can you also please temporarily waive the fine until the outcome of the trial by declaration? I will pay the fine when I possibly lose this trial. etc etc. I thank you for your time and consideration. I know you have many other pressing matters to deal with other than my issues, and I really appreciate any help you can give to me. blah blah blah.Thank you kindly, Sign your name, address and phone number. Don't leave an email address. You can even hand write this letter as neatly as possible and look even more broke as a joke. I generally type it out in standard arial or times new roman 12 font on cheap plain white paper. Don't get cute, fancy or ritzy. Place this in a standard white envelope and neatly hand address it to the Clerk of the Court, Traffic Department, courts address etc, and mail it CERTIFIED RETURN RECEIPT.It will cost you around 5 bucks to do this. But you have to understand in the legal world a certified letter is the EQUIVALENT of a physical appearance. and NO you don't need to notarize this.
3.Call the court about a week after mailing it and see if anything has been received by the clerk or written out on your record with the court. You can do the mailing thing earlier than 2 weeks from the due date if you like. You are basically waiting for something in the mail that either says, sorry sucker you are not getting a trial by declaration with a fine waiver, you have to pay the fine first with your TBD request OR you will receive the trail by declaration in the mail with a fine waiver form to fill out and mail back with your trial by declaration. I have literaly had one letter get TBD delayed for 3 months while waiting for a response from the court to my original request letter. I still had to pay the fine and lose the TBD, requested a trial de novo when I mention later, and even lost the physical trial, but I was still a winner, because the whole ticket, trials, etc took almost 11 months from start to finish and by then, my insurance's renewal had gone and passed without the ticket hitting my record until the next renewal period, so I got the minor increase on my insurance, the FOLLOWING renewal period. Keep that in mind as a win win situation too! The point is to delay delay delay and remember that cops don't get paid overtime for dealing with trial by declaration reports. There are other web sites out there that can advise you on what to write out on the trial by declaration, but the point is to do the T.B.D. first before even attempting a physical trial. I have WON tickets just by creating the time delay you will cause just by doing this letter. Even if the judge says no to your fine waiver request, he usually gives you another 10 days to 1 month to send in the fine to get the trial by declaration form. This just gives you more time to B.S. around the ticket. So then just mail in the check or money order, never bother with a credit card because no court's system is set up to refund credit card payments if you win the TBD. and YES I have received checks back in the mail as a refund for the court losing the TBD. If you still don't have the money, then you will HAVE to go to court in person. You should always try to weasel your way around getting more time by using my letter based request technique first though.
4. Fill out the trial by declaration form and always write Your Honor first and be polite in writing as well. Again there are lawyers on the internet that will charge around 200-600 bucks just to write a legaleze type of TBD for you, but I just go old school and neatly hand write what I want to say or just type is out on the computer and glue or staple it to TBD form. Enclose your high lighted phone records as evidence etc. Just basically state your story and reread and proof read before mailing this in. It is always better to computer type this TBD letter and attach it rather than handwrite. You don't want to sound like a babbling idiot. Be concise and to the point. State that your belive your not guilt because of blah blah blah. etc.
5.If and when you lose the TBD, within 20 days of receiving the "you lost" letter, make a written request for a Trial de Novo, which stands for New Physical Trial, in the same way you made your original request for the TBD and mail it certified again. This is where it can get sticky again, because cops do like to show up to the physical trial because they get paid overtime to do this and there are better web sites, books and message boards as to how to behave in the physical trial and what to say or do etc. outside of this form. Basically its a 50/50 chance that the cop doesn't show up. Have your evidence ready and try not to stumble over your words because you are so freakin nervous. It's normal, and you usually lose regardless of what you say or do if the cop shows up. Remember you can always write the court a request a different trial date to cause even more delays to the officer. The longer the time period between the original ticket date and the TBD and physical trial the better off you are and officer won't even bother dealing with something that goes back so far becuase he won't remember jack squat and that's something else you can question him about too or if this is make or break for you driver's license, then I suggest you consult a real traffic attorney before you get your license suspended for having too many points in one year! YOU REALLY MUST BE A CRAZY CALI DRIVER THEN! CHILL OUT!
6.Above all if you have no tickets on your record for the last 18 months, save yourself the hassle and pay the fine and go to traffic school. The techniques I use above are when I already got a ticket and can't go to the traffic school and absolutely need to fight the ticket or it will go on my driving record. It has worked a number of times. I have won tickets for my brother, mother, husband and myself this way. I usually have a 60-75% success rate. REMEMBER TO NEVER BE LATE IN DEALING WITH THE TICKET DUE DATES OR TRIAL DATES AND NEVER LET ANYTHING GO TO A FAILURE TO APPEAR (FTA) OTHERWISE YOU CAN'T FIGHT THE TICKET ANYMORE AND CAN'T GO TO TRAFFIC SCHOOL. You are basically boned! DO MORE RESEARCH TOO! Good luck!
Pay Up
You did the crime, and now you are trying to find a way out of the punishment? Didn't think you'd get caught?
er...he should have to pay!
He should have to pay..THAT much...first offence is 20$..allegedly. But that's not the case as a lot of people have been getting 100 hundred, one fifty, even 200 dollar tickets on their first one...total BS.
when you say "first offense"
when you say "first offence is $20" allegedly. Where does it say that? Cuz I really want to read it, and tell the court!!
right here...
it says it here: google the california vehicle code, section 23123(b)
True, it says "base fine", but the frustration is clearly that the true fine seems to be about 600% more than this, which seems abusive...
So glad about the higher fines
I was upset when I heard that the fine would only be $20. I am so glad to hear that it is more for all of the idiots who think they don't need to pay attention when they drive. You knew it was a law. You broke that law. Personal responsibility needs to make a comeback in this country. I just wish every knew of the extra fines. Maybe it would discourage some of these irresponsible, discourteous and selfish drivers. I say we should make them higher.
Driving almost 20 years without a ticket.
GOVERNMENT IS RIPPIN US OFF!
I am all about personal responsibility - but I am also about the Government having some responsibility and bein FAIR. 132$ because you use a cell phone while driving is outrageous. What happened to the punishment fitting the crime! And there is no crime! I've driven all my life, and the last 10 years talking on the phone and never ONCE did I have an accident. Accidents are caused for all sorts of reasons. The government and special interest groups obviously passed this law to make MONEY! And it's wrong. This Government is poor as shit because it spends it's money poorly. I can't believe I belong to an organization called the U.S. Government that takes my money so that it can MURDER people over seas for its own selfish gains - and then require me to fund them more over silly little rules that they make up. I hope one day there is a revolution and this Facist goverment that we call the United States is replaced by something that is actually is by the people for the people. Cops are trash that work for the oppresive forces that are keeping us down in this world and this is just another example.
no ticket for 20 years doesn't make you a saint
Yeah 20 years without a ticket, let me guess you live under a rock and drive a 1 mph just under the speed limit at all times to be safe. Or you have no family, no friends, or don't own a cell phone.
Just wait, your turn will come....
Sure...You were probably fucking the cops OR you are probably related to them. My husband and I were pulled over for a cell phone citation. I put my cell phone to my husband's ear for less than 2 minutes. He did not touch the cell phone. He touched only my hand. And this was considered using the cell phone without hands free. When the cop asked me the story, he did not let me finish and simply said that I was giving him bull crap. He harassed my husband and I, shining a light in our eyes and surveying our car for any other possible ways to write us up. To me, this is a waste of tax payer dollars. I don't need a cop to harrass me for a cell phone violation. He could have simply asked for my husband's license and registration and issued the ticket. But instead this asshole, wanted to show how much power he had. I think it is pathetic. I think there are many officers who are amazing. It is sad that their fellow cops bring such a bad reputation to them.
You are awesome. I think we
You are awesome. I think we should get together and come up with new laws that everyone has to follow. OR, we could just mind our own business and not be such fucking retards. You fucking retard.
You are ridiculous!
Besides being a liar you are ridiculous. Do you ever sing to the music on the radio? Do you ever talk to the people in the car with you as you drive? Do you ever take your hand of the wheel to adjust the A/C...the radio...scratch your head...take a drink from a soda? Do you ever look at the scenery as you drive...look at the person driving next to you? Everyone is distracted when they drive to some degree...even supposed perfect people like you. You are probably one of those idiots driving 60 miles an hour in the passing lanes causing traffic jams and accidents. Get off your high horse Mr. Perfect and SHUT UP!
LOL
Brilliant!
I wish i could drive like
I wish i could drive like you, like safely. but cant i speed and do reckless shit to much and too often. man. cant believe u didn't get any tickets in 20 years. that's some careful and safe driving. good job. but one thing, don't be a pig and say the fines need to go higher.
update on "$103"
I went to court and plead guilty. the judge sentenced me to pay $68. But I wonder if I had plead no contest would that have reduced or increase the fine?
Did the judge just willfully
Did the judge just willfully reduce the bail amount, or did you plead with him to do so? Just wondering if I should even both appearing in court OR if I should just pay the fine. Thanks
Next Time
You might want to find out next time you appear in court for the same offense. You ARE going to continue using your cellphone while driving aren't you (but working harder at not getting caught)?
I also got a ticket with the
I also got a ticket with the Bail amount as $100. When you guys say go to court do you mean you are going to contest?
At your arraignment, you
At your arraignment, you have 3 plea options: guilty, not guilty, or no contest. If you plead not guilty, you'll have to appear in court again at a later date to contest the ticket. You can bring a lawyer, witness, or any proof to show your innocence (example: Your cell phone bill that shows you didn't make any calls). If the officer doesn't show up at your trial then it will be no contest but you'd still have to pay court fees.
Stop giving false information
First of all, if the officer doesn't show, it is an automatic dismissal of the charges against you if there is no valid reason for his absence. So short of him being run over or something, the case WILL be dismissed and if the judge doesn't do so automatically, ASK for dismissal due to lack of evidence (i.e. no witness present). Secondly, the officer is a WITNESS and only that. He cannot submit anything into evidence, he cannot object to anything and he cannot cross-examine you (i.e. ask you any questions.) You also have the right to say nothing in court regarding your side of the story. But you DO have the right to ask questions to the officer. Also keep in mind that the judge is a party to the action against you in traffic court. Call him/her on it. By law they have to recuse themselves if there is a conflict of interest. The officer and the judge both get paid by the state, that is a direct conflict of interest. So there is a few bits of info.....but for christ sake, stop giving information on something you clearly know nothing about.
So I can object?
So what you are saying is when we take it to trail, and we will because my wife is a Home Health Care Provider and was on the phone her Patient in a simi-emergency, that we can have the officer and anything he brings to the table thrown out? So we can Object to his presence due to a conflict of interest? Please tell me how we would word this/ Please to the T. I mean we have the case hands down because CA DMV states the exception to the law is as follows:
Q: What if I need to use my telephone during an emergency and I do not have a “hands-free” device?
A: The law allows a driver to use a wireless telephone to make emergency calls to a law enforcement agency, a medical provider, the fire department, or other emergency services agency.
NOTE the Medical Provider part in there. My wife was taking to her patient who was just released home from the hospital and having complications. All documented by the by. Matter of fact only calls made that morning were to and from My wife the Patient and the MD. All on the phone bill!
Just to add.....When Officer Joe Nazi was informed of who she was and what she was doing on the phone, he said "Yeah right, I have seen and heard it all Mam, tell it to the judge." She kindly replied "Oh I plan too smart mouth!, and i'll see and humiliate you in court. " God I love her and her wisdom!
Medical call
So I am a Nurse taling to another Nurse, should that be let off? The next day another Nurse had call me and I was at home, and she got a ticket for this as well. Wondering if we have a chance to get out of this, since I was talking to a Nurse (could be about a patient), and I am a Nurse.
Thoughts?
$90 Bail for First Offense in Orange County
These amounts are totally arbitrary, aren't they?
Ridiculous
My wife forgot and got a ticket. I was mad until I saw on the DMV's website that the cost for the 1st infraction was only $20. Then she gets the bill in the mail and it is $101.20! I nearly hit the roof. What is this crap?! The assessments cause the ticket to go up 5 times as much! I told her to go to court and not pay the bail. This is just outrageous and everyone should protest this type of "stick it to you" government agency. What happens if the citing officer doesn't show?
Domestic Peace
You need to have a talk with the wifey. No shopping for the next couple of months, and maybe confiscate the cellphone temporarily. Did she not buy a bluetooth headset during the whole year's worth of grace period to practice??
$93 bail
Bad news. The "bail" amount sent in the mail is actually the total of all the taxes and court costs associated with the ticket. Basically, this was just told to me: "Everyone is going to get a piece of that bail. The city, the court, the issuing police department. You can appear in court, but you won't get that money back. There is no such thing as a $20 cell phone ticket." That's just the base set by the state for first time offenders before taxes and fees are assessed.
$93 for bail amount for CVC 23123 "using cell phone while driv
This is ridiculous! Why they are billing us theese ridiculous bails when it clearly states that they can only charge $20?
#### them!
I agree they are charging to
I agree they are charging to much for the bail, even when it says that it's $20 for the first violation plus the administrative fees. I have to pay $101 for my first violation, that means I have to pay $81 for the administrative fees.
$103
That's the bail amount for my first violation in San Bernardino County, California. I'd prefer to pay bail rather than go to court but $103 is BS, so I'll go to court and pay the $20 to $70 for the infraction.
replay
The tendency is really good. All countries in Europe have same laws, hope all states of America will join our state in banning the use of mobile phones with the hands while driving.
The fine should be much more i think. Then one could even have no ability to compare the price of a hands-free and a fine.
FYI, holding the phone is
FYI, holding the phone is not the cause of accident, the act of talking is what distracts the driver. if they really cared, they would ban talking on cells in the car period, this stupid law is just to pocket more money for sorry ass cops
Got a Cell Phone Citation with $100 Bail Amount
Orange County - California
I have just received a letter from the court for my cell phone violation. ALthough the police officer said that it would be like ay most $40 or so, my bail amount is $100.00. I will go to the court to discuss this later on today. I will update you what happens.
Got a ticket for that, but
Got a ticket for that, but the price is $92.50. Althouh it's my 1st ticket I've ever had. That's wierd, according to what it says about the bail.
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