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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Just got a cell phone ticket for taking a picture with my cell!!
I just got a cell phone ticket for taking a picture with my cell phone! I was actually taking a picture of the power hungry cop that sits on a dirt road by my work and sets up a speed trap once in a while to catch poor unsuspecting people like me who will accidentally excel a little over the speed limit while driving downhill, (the road is located on a downward slope). I was driving by and took a picture of the cop so that I can use it for my evidence when I take him to court for my speeding ticket. I proceeded to pass by the first time and snapped a pic, but unfortunately I missed the shot and he wasn't in the picture. So I decided to turn around and snap another picture. He then saw me snap a pic and got behind me, and proceeded to pull me over. I then told him it is not illegal to take a picture with my cell phone, and that I would see him in court. He told me that any use of cell phone is illegal.
So my question is, Can I take a picture with my cell phone??
I appreciate any replies.
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My Life Is Changed
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LAX COPS
I always respected LE Officers.
I feel terrible when any of them get hurt or killed on duty, especially when they have a wife and children.
Until this cell phone ticket, i.e. the manner in which it really occurred and handled.
I NO LONGER DO, ESPECIALLY FOR BLACK OFFICERS
TO THIS DAY, WHEN I HEAR OF ANY OFFICER KILLED, I AM GLAD, I REALLY TRUELY AM!!!!!!!!!
IF THEY WERE TO RESPOND THAT IF I NEED THEM, NOT TO CALL! IT'S OKAY, DON'T NEED THEM!!!!!F THEM!!!!!!
I always respected LE
I always respected LE Officers.
I feel terrible when any of them get hurt or killed on duty, especially when they have a wife and children.
Until this cell phone ticket, i.e. the manner in which it really occurred and handled.
I NO LONGER DO, ESPECIALLY FOR BLACK OFFICERS
TO THIS DAY, WHEN I HEAR OF ANY OFFICER KILLED, I AM GLAD, I REALLY TRUELY AM!!!!!!!!!
IF THEY WERE TO RESPOND THAT IF I NEED THEM, NOT TO CALL! IT'S OKAY, DON'T NEED THEM!!!!!F THEM!!!!!!
LAX Cops
It has been 2 years not since I got a cell phone violation at LAX.
Yes my insurance did go up because of it!
No, it wasn't a $20 ticket, it was a $150
A recap of what happened 8/25/2009
Exact wording of citation:
Talking on cell phone while driving. Phone to left ear.
Location: 400 World Way
Officer: Jordan Badge #24735
I Pulled into passenger pick up area curb to answer phone, daughter searching for me to pick her up.
The Young Creative Black Officer pulled directly and "very closely" behind me, I was compelled to moved and put the phone down knowing it was illegal to talk and drive. The red lights came on.
ANY GOOD FAITH EFFORT TO COMPLY WITH THE LAW DOES NOT COUNT.
AVOID PAYING ANY TAX OR REVENUE THAT FUEL THEIR EMPLOYMENT.
Do naything you can to not pay into the system
BEGIN NOW, SEARCH ANY MEANS TO LEGALLY AVOID PAYING ANYTHING THAT FUEL LE ORGANIZATION, THEIR SALARY, BENEFITS, PENSION, EQUIPMENT, TRAINING AND ANYONE WHO USE FEAR MONGALING TO GET US TO BOOST LE.
Where does it state this?
I just received a ticket for my cell phone. The officer told me I was texting in which I replied no sir I was not. I was checking the time and clearing my screen. I was at a red light and he pulled me over right after it turned green. I told him I do not text and drive nor do I talk with out my headset as I know the law. My phone is hooked through my radio and also is used as an MP3 player (similar to an IPOD, but I have a Android) and GPS. I have read the law (and this comes right off of the DMV site):
V C Section 23123 Hand Held Wireless Telephone Prohibited Use
Hand-Held Wireless Telephone: Prohibited Use
23123. (a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.
(b) A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.
(c) This section does not apply to a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.
(d) This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.
(e) This section does not apply to a person when using a digital two-way radio that utilizes a wireless telephone that operates by depressing a push-to-talk feature and does not require immediate proximity to the ear of the user, and the person is driving one of the following vehicles:
(1) (A) A motor truck, as defined in Section 410, or a truck tractor, as defined in Section 655, that requires either a commercial class A or class B driver’s license to operate.
(B) The exemption under subparagraph (A) does not apply to a person driving a pickup truck, as defined in Section 471.
(2) An implement of husbandry that is listed or described in Chapter 1 (commencing with Section 36000) of Division 16.
(3) A farm vehicle that is exempt from registration and displays an identification plate as specified in Section 5014 and is listed in Section 36101.
(4) A commercial vehicle, as defined in Section 260, that is registered to a farmer and driven by the farmer or an employee of the farmer, and is used in conducting commercial agricultural operations, including, but not limited to, transporting agricultural products, farm machinery, or farm supplies to, or from, a farm.
(5) A tow truck, as defined in Section 615.
(f) This section does not apply to a person driving a schoolbus or transit vehicle that is subject to Section 23125.
(g) This section does not apply to a person while driving a motor vehicle on private property.
(h) This section shall become operative on July 1, 2008, and shall remain in effect only until July 1, 2011, and, as of July 1, 2011, is repealed.
Added and repealed Sec. 4, Ch. 290, Stats. 2006. Effective January 1, 2007. Operative July 1, 2008. Repeal operative July 1, 2011.
Amended Sec. 2, Ch. 214, Stats. 2007. Effective January 1, Operative July 1, 2008
OK, so that being said, I have my phone records that do show outgoing and incoming calls and text messaging. I have the description of my phone that shows it is a MP3 player and GPS smart phone and I have my Bluetooth. The cop told me I was not allowed to touch my phone at all. Where in this law does it state that? It says I am not to use my phone. Which I was not doing. The law does not state that I can not touch my phone. The definition of use is to put into service or apply for a purpose. I do plan on fighting this in court and I will bring with me all legal matters needed including dictionaries to show definitions. I will have previous cases won. I just happen to be a woman who just got out of the military and I am a full time student who happens to have an interest in law and I am thinking about law for my major. I am also a Florida girl and the only reason I am still in the state of California (the same state who tried to tell me I owed them taxes for a year that I was Active Duty Navy and home of record and all taxes were for Florida. I don't particularly like California.) is because my Fiancée is Active Duty Navy and stationed here, so I remained with him. So I will fight this tooth and nail.
Same exact scenario
I just had the same thing happen to me just now.
I have an android phone and was using google navigation on it, I was tapping on the screen to turn it off and a motorcycle cop pulls me over.
I show him my cell logs for calls and messages and tell him I was using it as a navigation and he says I cant touch my phone at all. Ridiculous because my phone is mounted to my windshield exactly like a touchscreen GPS handheld.
He even put it on the ticket that I told him I was using my phone as GPS.
I would like to sue the LAPD for not properly educating their officers and letting them get away with victimizing law abiding citizens when they should be out doing real police work.
How did your situation go? any litigation? Would be nice if we can get some media attention as well.
very try
i agree. thanks for the citations. i just got one today, my phone was connected to the speakers of my car, the music was playing and i was just nervous when the cop talked to me. my phone does have heytell too (an app that acts like a 2 way pager) so im guessing that works for (e).
he was happy to give me a ticket. also i am a healthcare worker. there you go.
do you know this is just another form of control
people are better off being able to defend them selves than having some 20 yr old meat head bully having power .. all cops are corrupt and all they want to do is piss on all our god given rights. please automakers install a Breathalyzer in the vehicle a auto kill switch so they can auto stop any one they want with out cause and violate and search them . all they have to say is that its probable cause.. the legal system is a game its bought and sold and all about money its not about justice the rich buy their way out of any thing the hard working American should not pay for this crappy service.. guess what its only going to get worse - street light cams mall cams neighbor hood cams nossy pricks making a dollar off any thing you do in the privacy of your once private space..
and idiots who think cops or the law really care what we all think is sadly going to be the first person they violate and put in jail for fighting for whats right... how about we take our country our rights and our jobs back .. we fougtht to be free and every day we become less so and more like slaves to the system.
If you dont like the way that
If you dont like the way that law enforcement works please go to another country and you will not have to deal with our laws any more! Please leave to make all our roads safer!
At stop light got stopped
So I was at stopped at a stop light off hwy 1 near Half Moon Bay cal. I was listening to a important message when I looked in rear view and there was Office Doughnut behind me. I put down the phone and when the light turned green he pulled me over. I realize the stupid law (and it is stupid if you look at every thing else they turn a blind eye to, small dogs on drivers arm, putting on makeup, eating and drinking, smoking, texting, playing with radio all distractions some worse than cell phone use but ignored!!!) and didnt know even stopped at stop ight is considered "moving" WTF??? what is the difference if I was in a parking lot with motor running or at a stop light?
So next I figured it would be $25 for first time.....I get the ticket and almost jumped out the window, $160??? $25 ticket the rest in taxes....I know the state needs money but isnt rape a offense as well? So I have the option to fight but cant be taking time off work, especially adding in $160 to my monthly bills. Also someone told me Office Doughnut couldnt ticket me, being a Highway Patrol and I was off HWY1 he had no jurisdiction?
In the long run I will just pay the 160, now everytime I go by a cop I have my "handsfree device" and I flip them off while talking. Suck on that pig.
Officer Lied on Police Report of DUI BAC level even on Printout!
I had 4 beers over a six hour period. Got pulled over after 2 hours after I finished drinking and was not tested at the station until 3 hours after I finished drinking..that said..in the field the officer said that the first blow didnt register so I blew again and he said he would take me in for a blood test so I blew harder..but on his report he registered the first two that he said I didnt blow hard enough to register as .12 and .13! Not only that..I went to the police station for their evidenturary BAC test on the datamaster..it read me at .11BAC..now the next after noon they came by with the hand held one and I blew around 2pm a .11BAC! I said thats impossible! I was .11BAC on the breathalyzer at 3am and at 2pm it was still the same? How is that possible..so the woman officer looked at my wrist strap that had .11BAC printed on it from the test..then she cut it off and took it! But now the Datamaster on the provided documents in discovery show .12 and .13! ITS A LIE! IT WAS .11BAC!! Also the officer tried to have me walk on an uneven surface on a slope and I told him I would have a problem with my equallibrium on that surface because it is uneven..but in his report he said the surface was flat! and asphalt! IT WAS CONCRETE AND it was in a gas station parking lot with those lids that come up from where they put gas in the ground and he just lied! All through the report I hope to god I can get the gas station video because I just can not let a cop lie like it was okay..to distroy my life because I have GERD and I did have 4 beers but my bac should have been 0 after all those hours but it was .11BAC at 3am and .11BAC at 2pm which is impossible and they knew it and forged the reports! I WANT THE FBI ON THIS CASE I SWEAR TO GOD!
Has anyone had a judge dismiss a cellphone ticket?
For all those who have fought a cellphone ticket in court, has anyone won or had the ticket dismissed by the judge?
Cell violation
I Paid my $170 at the clerks office and pled not guilty to my other ticket. no one suggested I see the judge on the cell violation too. When I was in the courtroom
another woman had her ticket for using her cell phone reduced by $45.00 where the
Same judge would not reduce mine.
So it is worth it to go to court to get a reduction.
I am going to fight that I didn't get a reduction as I just innocently paid the whole thing before seeing the judge.
I think as the same way the
I think as the same way the COP should go to fight or catch the CRIMINALS and GANGSTER instead park your BLACK & WHITE car and sitting on road side and waiting try to catch some GOOD CITIZEN to make a little mistake. All our taxes pay these guys to catch the CRIMINAL, MURDER and the RAPISTS. You should know One woman get RAPES every 2 minutes in United State, people get MURDERS or KILL 1 person every 30 minutes that we hiring them to clean it up and help the woman not to get RAPE or get KILL but they did not do they JOB. We as the CITIZEN of UNITED STATE pay these COP from $20 to $30 DOLLARS per hours to sit in the doing nothing. Some of them is very LAZY. They use two COP parks the BLACK & WHITE car and chat with each others waiting for someone to make a little mistake and give them a TICKET I think is very wrong for those COP.
DO YOU KNOW HOW MUCH EACH DAY OUR TAXES MONEY PAID OUT TO THESE LAZY COP??????
DO YOUR CALCULATION:
HIS LABOR AVERAGE $25.00 PER HOUR
HE WORK OR SITTING IN BLACK & WHITE CAR FOR 10 HOURS
THEY USE TWO COP SO TOTAL $500.00 DOLLARS FOR TWO COP PER DAY AND PLUS GAS ON THE CAR HE OR SHE DRIVING TWO CARS
I believe those COP do MAKE MISTAKE too when they do who will give them a CITATION.
I think we should have a new law US CITIZEN can give a ticket to the COP when they make mistake don't tell me they never did.
GOD SAID the people never make mistake they are not a HUMAN only the animal never make mistake.
RE: Police that sit around to catching drivers
I hear you, what your saying is true. However police departments are allowed to make final decisions, that has to do with protecting the rights of citizens. Murders, rapes, homicides, stealing and robberies are all considered a criminal act. But, when it comes to the safety of others, like pedestrians, motorists, and bicyclists, and an accident occurs, someone is injured or killed it is considered a violation of the law. Running a stop light or through a stop sign, is a violation of the law. When it comes to parades, or some event, the police have to close down, and especially fire departments because lives are at stake. So before judging a police officer, they are only humans and are being paid to do a job. Their jobs are to protect the citizens, and to save lives. If a police officer breaks the law, it will be investigated, if they commit a wrong it will be investigated. But remember when you see a police officer at a halt somewhere, and waiting to catch drivers, it just means a crack-down on peoples driving habits. Drivers are just as responsible, like everyone else, including criminals. Regardless, whether a criminal or a disrespectful driver, breaking the law is deserves to be punished. This could include pedestrians who cross a red light, jay walking, crossing the street on a stops sign, even bicyclists are now caught breaking the law, all of these are showing disrespect for themselves and for other.
TO ALL GOOD DRIVER CITIZEN IN
TO ALL GOOD DRIVER CITIZEN IN CALIFORNIA TO BEAT ALL COP GIVE OUT TICKET
Only way to help each other not give your money away to the city in UNITED STATE
We should PRACTICE how to beat the CITY COP & CHIP not to give out TICKET to all good
Driver CITIZEN.
1. When you see the COP OR CHIP parking on the road side waiting for someone to make little
Mistake and give them a ticket.
WHEN YOU PASS BY THE COP OR CHIP BLINK YOUR HEAD LIGHT 3 TIMES TO LET OTHER
DRIVER ON THE OPPOSITE SIDE KNOW IT MEANS COP OR CHIP AROUND THE AREA BY BLINK
YOUR HEAD LIGHT WE HELPPING ALL DRIVER NOT TO GET THE TICKET.
WE ALL GOOD DRIVER CITIZEN IN CALIFORNIA SHOULD USE THIS PRACTICE TO HELP ALL OF US
PLEASE SEND MESSAGE AROUND OR WORD THEM OUT TO ALL PEOPLE IN CALIFORNIA AND
OTHERS STATE TOO
How can I fight for have cell
How can I fight for have cell phone on your hand?
TO ALL GOOD DRIVER CITIZEN IN
TO ALL GOOD DRIVER CITIZEN IN CALIFORNIA TO BEAT ALL COP GIVE OUT TICKET
Only way to help each other not give your money away to the city in UNITED STATE
We should PRACTICE how to beat the CITY COP & CHIP not to give out TICKET to all good
Driver CITIZEN.
1. When you see the COP OR CHIP parking on the road side waiting for someone to make little
Mistake and give them a ticket.
WHEN YOU PASS BY THE COP OR CHIP BLINK YOUR HEAD LIGHT 3 TIMES TO LET OTHER
DRIVER ON THE OPPOSITE SIDE KNOW IT MEANS COP OR CHIP AROUND THE AREA BY BLINK
YOUR HEAD LIGHT WE HELPING ALL DRIVER NOT TO GET THE TICKET.
WE ALL GOOD DRIVER CITIZEN IN CALIFORNIA SHOULD USE THIS PRACTICE TO HELP ALL OF US
PLEASE SEND MESSAGE AROUND OR WORD THEM OUT TO ALL PEOPLE IN CALIFORNIA AND
OTHERS STATE TOO
I got ticket to phone on my hand with out talking
I got ticket to phone on my hand with out talking.
Can I go to court to fight for it my right?
TO ALL GOOD DRIVER CITIZEN IN
TO ALL GOOD DRIVER CITIZEN IN CALIFORNIA TO BEAT ALL COP GIVE OUT TICKET
Only way to help each other not give your money away to the city in UNITED STATE
We should PRACTICE how to beat the CITY COP & CHIP not to give out TICKET to all good
Driver CITIZEN.
1. When you see the COP OR CHIP parking on the road side waiting for someone to make little
Mistake and give them a ticket.
WHEN YOU PASS BY THE COP OR CHIP BLINK YOUR HEAD LIGHT 3 TIMES TO LET OTHER
DRIVER ON THE OPPOSITE SIDE KNOW IT MEANS COP OR CHIP AROUND THE AREA BY BLINK
YOUR HEAD LIGHT WE HELPPING ALL DRIVER NOT TO GET THE TICKET.
WE ALL GOOD DRIVER CITIZEN IN CALIFORNIA SHOULD USE THIS PRACTICE TO HELP ALL OF US
PLEASE SEND MESSAGE AROUND OR WORD THEM OUT TO ALL PEOPLE IN CALIFORNIA AND
OTHERS STATE TOO
File a complaint against CHP if they lied
The officer lied in my case, probably in yours also. Someone on here said they dont even own a cell phone. Why didnt the officer search you or your car then to prove it? SO file a complaint. His supervisor can investigate it. http://www.chp.ca.gov/publications/ccp.html
TO ALL GOOD DRIVER CITIZEN IN
TO ALL GOOD DRIVER CITIZEN IN CALIFORNIA TO BEAT ALL COP GIVE OUT TICKET
Only way to help each other not give your money away to the city in UNITED STATE
We should PRACTICE how to beat the CITY COP & CHIP not to give out TICKET to all good
Driver CITIZEN.
1. When you see the COP OR CHIP parking on the road side waiting for someone to make little
Mistake and give them a ticket.
WHEN YOU PASS BY THE COP OR CHIP BLINK YOUR HEAD LIGHT 3 TIMES TO LET OTHER
DRIVER ON THE OPPOSITE SIDE KNOW IT MEANS COP OR CHIP AROUND THE AREA BY BLINK
YOUR HEAD LIGHT WE HELPPING ALL DRIVER NOT TO GET THE TICKET.
WE ALL GOOD DRIVER CITIZEN IN CALIFORNIA SHOULD USE THIS PRACTICE TO HELP ALL OF US
PLEASE SEND MESSAGE AROUND OR WORD THEM OUT TO ALL PEOPLE IN CALIFORNIA AND
OTHERS STATE TOO
Use of cell phone at red light
I was at a red light typing in an address on my navigation on my phone and I got pulled over. Any way to fight this?
it is not illegal to text in
it is not illegal to text in calif. the only thing it says in the d.m.v. codes you cant talk while driving you can even dial #s so long as your not talking while driving.
checking a voice message while sitting at a red light
i was sitting at a red light (was three cars back from the light). I was a chaplain in training and a voice message came in, since I was sitting at the red light I checked the message by typing in my code and put it on speaker phone. My intent was to pull into the mall parking lot to return this emergency call(it was a death call causing me to redirect my path) I set the phone down, drove through the light to head into the mall parking when the police officer pulled me over. I explained my situation, and he would not listen to me. Did I do wrong or was he being overly rigid?
Officer lied
An officer said he saw a cell phone in my hand so he pulled me over. There was nothing in my hand, however I was talking on my cell phone but it is thru the speaker. It seems he saw my mouth moving and assumed I was holding a phone. I showed him the pocket the phone goes in and was in near the radio/air conditioner console area. I told him absolutely not possible and asked the officer if he is mistaken. He says no he saw it so I asked where he was, as I was stopped at a light, he too was stopped at a light across an entire intersection. According to google map, the distance when I plot the two points is 750+ft. I wear contacts so my vision should be pretty perfect with them and I took someone with me who has no vision problems. We stood where he says he was and looked to where I was and we both said you can see if a person is moving around or has their hand up but you cannot even make out their facial features or even be able to say something was in their hand or at least what thats omething is! This is an outright lie and an assumption on his part. I have tried to find what the human eye can actually see at 750ft but I cannot. Why did the officer lie and not just admit he was wrong? Sad, really.
Similar Incident
An officer pulled me over 3 hours ago for the same kind of incident, accept i was just listening to music and wasnt even singing along, i get pulled over and gives me a ticket for talking on my cellphone after i tell him it was turned off in my pocket and it wasnt even the color of phone he said i was using, he said i was using a black phone in my right hand in my right ear talking,
1. I almost never talk to anyone on the phone, i dont like it.
2. my phone is blue.
3. when i do use a phone it goes in my left hand in my left ear.
4. what i think will help is if everyone carries around a tape recorder, when a cop pulls you over, tell him flat out that you will be recording this conversation, do it while the tape recorder is going so you have proof that he has been informed, so if you do go to court to fight the ticket, he cannot dispute his own voice what he said when he lies on his report...
i plan myself to fight this ticket (first driving offense ever) and plan to use my phone records to show i havent talked to anyone in a long while before then. though i have heard stories of the judge completely ignoring complete proof that the officer is full of shit, including phone records so hopefully i dont get screwed with a ticket i cannot afford.
TO ALL GOOD DRIVER CITIZEN IN
TO ALL GOOD DRIVER CITIZEN IN CALIFORNIA TO BEAT ALL COP GIVE OUT TICKET
Only way to help each other not give your money away to the city in UNITED STATE
We should PRACTICE how to beat the CITY COP & CHIP not to give out TICKET to all good
Driver CITIZEN.
1. When you see the COP OR CHIP parking on the road side waiting for someone to make little
Mistake and give them a ticket.
WHEN YOU PASS BY THE COP OR CHIP BLINK YOUR HEAD LIGHT 3 TIMES TO LET OTHER
DRIVER ON THE OPPOSITE SIDE KNOW IT MEANS COP OR CHIP AROUND THE AREA BY BLINK
YOUR HEAD LIGHT WE HELPPING ALL DRIVER NOT TO GET THE TICKET.
WE ALL GOOD DRIVER CITIZEN IN CALIFORNIA SHOULD USE THIS PRACTICE TO HELP ALL OF US
PLEASE SEND MESSAGE AROUND OR WORD THEM OUT TO ALL PEOPLE IN CALIFORNIA AND
OTHERS STATE TOO
Talking on a cell phone while driving
I was pulled over Saturday for talking on a cell phone while driving. I was not talking on a cell phone as I do not even own one, but I did have my left arm resting on the window ledge. The Officer was extreemly imtimidating and did not believe me and wrote me a ticket. How do you prove you don't own a cell phone?
Witness
I dont know. I am trying the trial by declaration first. If you lose that then you can do an in person trial. Write that you do not even own a cell phone in the trial by declaration and the officer assumed your head resting on your hand was something else. If you lose then you can request a new trial, an in person trial to tell the judge. I guess you can try bringing someone who knows you personally to be your witness and say you do not have a cell phone. When I told the officer I was not on the phone, he asked to see my phone. When you told the officer you do not own a cell phone did he/she even ask to see it? I would have told the officer I do not even own one, search my car.
show on record?
I am a first time offender. If I pay the bail amount ( $156 ) rather than the traffic school ( $206 ), does it show on my driving record? the ticketing officer told me it wouldn't. Would my price of insurance go up? Thank you.
According to the California
According to the California DMV site, the cell phone ticket goes on your record. I don't know if it messes with your insurance then too.
THE CELL PHONE VIOLATION DOES
THE CELL PHONE VIOLATION DOES GOES ON YOUR DRIVING RECORD BUT IT DOESN'T ASSIGN ANY POINTS, THEREFORE, INSURANCE COMPANIES DO NOT CHARGE FOR THIS VIOLATION (YET).
I don't know. Traffic school
I don't know. Traffic school is an option for cell phone ticket? Mine said pay the fee or fight it in court. Traffic school was not one of the options.
Ticket for NOT texting
I was pulled over driving on 215 just pass Menifee. A CHP who stated he was sitting on the overpass pulled me over for texting. When he asked me if I knew why he pulled me over I stated NO! He said, "well you were texting and I saw you when you drove under the freeway." I clarified for him that I was actually pressing the ignore button because I wasn't wearing my headphones and wasn't going to answer the phone. He then said "well your phone was in your right hand and if you had your hands free then you wouldn't need to touch your phone," I then replied (ever so politely), "REALLY?!? Heres my headphones can you please show me this button you are talking about because that is not a true statement...." He asked for my info and then came back with a ticket. I plan to fight this but the LAW is ridiculous and shouldn't be based on the fact that they ASSUME you are texting. I have already printed out a copy of my phone bill to show the incoming call as well as plan to bring my headphones. Any other ideas? I've heard that these are almost impossible to WIN. F this cop and his month end quota...OH and not to mention I saw him three more times that day in different areas giving out more tickets. Maybe if he worked more in the month he wouldn't have to make stuff up to make his numbers...
Dont waste your time
Hey....Please don't wast your time....you will be found guilty. In addition to the insulting fine and taxes, will be your time, gas and possibly parking fees. I was in court and the judge kept cutting off the person giving his story over and over...he was just going through the motions....I just walked up to sheriff and told him fuck this and plead guilty and walked down to the clerk and paid the fine.
Dont waste your time
Hey....Please don't wast your time....you will be found guilty. In addition to the insulting fine and taxes, will be your time, gas and possibly parking fees. I was in court and the judge kept cutting off the person giving his story over and over...he was just going through the motions....I just walked up to sheriff and told him fuck this and plead guilty and walked down to the clerk and paid the fine.
TO ALL GOOD DRIVER CITIZEN IN
TO ALL GOOD DRIVER CITIZEN IN CALIFORNIA TO BEAT ALL COP GIVE OUT TICKET
Only way to help each other not give your money away to the city in UNITED STATE
We should PRACTICE how to beat the CITY COP & CHIP not to give out TICKET to all good
Driver CITIZEN.
1. When you see the COP OR CHIP parking on the road side waiting for someone to make little
Mistake and give them a ticket.
WHEN YOU PASS BY THE COP OR CHIP BLINK YOUR HEAD LIGHT 3 TIMES TO LET OTHER
DRIVER ON THE OPPOSITE SIDE KNOW IT MEANS COP OR CHIP AROUND THE AREA BY BLINK
YOUR HEAD LIGHT WE HELPPING ALL DRIVER NOT TO GET THE TICKET.
WE ALL GOOD DRIVER CITIZEN IN CALIFORNIA SHOULD USE THIS PRACTICE TO HELP ALL OF US
PLEASE SEND MESSAGE AROUND OR WORD THEM OUT TO ALL PEOPLE IN CALIFORNIA AND
OTHERS STATE TOO
trial by declaration
cops lie. so again...someone told me to try to win twice. first do "trial by declaration" where you fill out a form of your side and why they should find on your side. from the day you get the form the officer is notified to fill his own form. you both have 30 days. the officers get paid to go to court to fight you, they do not get paid to fill out their side of the form. if the officer doesnt respond i heard you win automatically. if you lose then you ask for "trial de novo" or something like that. you then get an in person hearing as if its your first time to fight it. another chance here the officer wont show up or at least you get to present your case. im going through this right now. go to the court clerk you have to pay the fine either way but you get the form. i paid and i got my form. it is easy to fill out. you attach your evidence-your phone bills/data information and send it back certified mail.
TO ALL GOOD DRIVER CITIZEN IN
TO ALL GOOD DRIVER CITIZEN IN CALIFORNIA TO BEAT ALL COP GIVE OUT TICKET
Only way to help each other not give your money away to the city in UNITED STATE
We should PRACTICE how to beat the CITY COP & CHIP not to give out TICKET to all good
Driver CITIZEN.
1. When you see the COP OR CHIP parking on the road side waiting for someone to make little
Mistake and give them a ticket.
WHEN YOU PASS BY THE COP OR CHIP BLINK YOUR HEAD LIGHT 3 TIMES TO LET OTHER
DRIVER ON THE OPPOSITE SIDE KNOW IT MEANS COP OR CHIP AROUND THE AREA BY BLINK
YOUR HEAD LIGHT WE HELPPING ALL DRIVER NOT TO GET THE TICKET.
WE ALL GOOD DRIVER CITIZEN IN CALIFORNIA SHOULD USE THIS PRACTICE TO HELP ALL OF US
PLEASE SEND MESSAGE AROUND OR WORD THEM OUT TO ALL PEOPLE IN CALIFORNIA AND
OTHERS STATE TOO
ticket
ok so this isnt completely illegal its based on the information and of course the situation. It seems so stupid Im sorry your going through this in fact if you need someone to even say they where with you while you were ignoring the call Im in your area, so I'll even say I was driving with you this shit is ridiculous. Good Luck. FYI... cases can be dropped but most people are intimidated by cops dont let that stop you. If you know your right dont let that intimidate you. Cops are not the law they just represent it and sometimes they do a shitty job just like other employers.
Cost now $160
In northern los angeles county....Ticket for driving while on cell phone (not true but cop said so) 2 weeks ago. Got my ticket today in mail and it was $160. First time. With no past ticket for anything at all, no warning for anything at all, no accident, driving 10 years, etc. Amazing the fines added to a $20 actual ticket.
Quite Comical
complete and utter bullshit. not only is the lapd a joke. $160 for a $20 violation is a joke. it'll also be quite comical when the cop gets run down on his bike by a drunk or reckless driver, whom he should actually be out targeting.
i have a squeaky clean record, and holding a cell phone for five seconds to reposition it isn't going to cause an accident. neither is rolling down a window, or tuning in the radio station or turning on the heater. give me a fucking break and kiss my ass.
Also in same situation
I had no records at all for 9 years. No accidents. The cop stop me because I was driving with my cel in my right hand. He checked my record and he came up telling me that the cost of the ticket would be between $ 20 to $ 50 because it was my first.
I went to pay to the Court and they charged me $ 160.00!!! When I told the clerk why it was so expensive, she said " oh..there is a lot of taxes added".. What???? Then she told me that I could fight my ticket in Court. Take it or leave it.
I could understand that amount when is your second or third offense, but for the first one $ 160????
This is outrageous!
ticket for talking on cell while driving
I just paid $170 here in Pittsburg, Contra Costa County in northern California. I asked the court clerk a printout on the items besides the $20 violation code for first time offence. They are fees for Night court, DNA ID fund, AB3000, SB1407-ICNA, SB1773, Criminal Conviction Assessement, Security Fee, DNA penalty, Court Admininstration cost. It all added up to $156. But the clerk didn't know why and what those numbers stand for and why I have to pay all these. All she knows if I didn't pay now, the amount will jump up to over $300 later. They just need money, that's all.
COURT
I WOULD LIKE TO REMIND EVERYONE WHO GETS CELL PHONE TICKETS TO GO TO COURT! WASTE THEIR TIME. WASTE GOVERNMENT MONEY. SHOW THEM YOU WILL NOT STAND FOR IT. IF WE LET THIS CONTINUE EXPECT WORSE TO COME, IT ALWAYS DOES. ALSO, DONT BE STUPID, BE POLITE AND HONEST AND ONLY IF THAT DOES NOT PROTECT YOUR INNOCENCE CONTINUE. THE FEES ARE HIGH, THE LAW IS STUPID (no one listens to it, and ppl will always have something in their hand), AND THE ENFORCEMENT OF THE LAW IS RIDICULOUS TO THE POINT WHERE NUMEROUS INNOCENTS ARE BEING HARMED.
SO PLEASE, STAND UP TO THIS BULLSHlT. AND IF YOU ARE INNOCENT AND STILL HAVE TO PAY, TAKE IT OUT BACK ON THE GOVT.
- $150 in court fees is about a moderate amount of littering, breaking some shit, and then vandalize the hell out of things. find some spray paint and tag up some stuff to make them pay. and dont do crappy tagging, do art (cleaning is the same plus we all have to see it).
- get that cops name out in public IF HE CHANGES THE STORY OR LIES IN COURT POINT IN OUT IN THE ROOM. YOUR ON RECORD SO IT WILL GO DOWN THAT HE IS LYING. ENOUGH PPL MEANS HE IS A KNOWN LIAR. AND ALWAYS ASK IN COURT IF OTHERS HAVE SAID HE HAS LIED. No one judge believes a citizen over a cop, but how about a cop with a record of lying?
- BEAT THESE LAW WITH THEIR OWN TECHNIQUES AND IF POSSIBLE WITHIN THE LAW. always bring all your evidence if youre innocent. (phone company log.) (text of law you were cited on) ALSO NEVER ADMIT GUILT (cops ask="i decline to speak". you cant get out of anything you admit to.
-SPREAD THE NAME ADDRESS ANYTHING YOU KNOW ABOUT A COP TO THE PUBLIC/internet. PERHAPS A PRIOR OFFENDER HOLDS A GRUDGE FOR SOMETHING MORE SERIOUS. dirty cops need to be kept in check by any means necessary and if he is slain cuz you put out his address, well the world is rid of one less dirty cop and to his fam and coworkers he died a hero.
-And if you have a real grudge but dont wanna act. Post up in you car at random parking spots. watch cops come and go. over time learn your pigs route home. POST IT! and if you ever EVER see a cop on a phone and driving, take a picture. Pictures dont go away plus its visual evidence to the masses on the web that hes dirty plus now u have your face.
-ALWAYS RECORD AUDIO AND VIDEO IF YOU CAN WHEN YOU ARE PULLED OVER. and no, not your phone! legit system. without consent he cannot touch it or turn it off. SUE HIS ASS, THE STATION, AND THE CITY FOR IT. Welcome to being a millionaire.
AND ABOVE ALL THINGS, REMEMBER YOU HAVE POWER AND IT IS IN NUMBERS. dont let things end up like V for Vendetta.
-and for the record, i will die for the world protecting injustice. more of us like that, the better. I have faith in you all.
Bluetooth is cheaper than a ticket!
If you fight a ticket, and you lose, you pay court costs. So if you think you are going to "beat the system" good luck. I do agree with taking pictures of officers driving with a phone in their hands.
Also, you do not have to be moving to get a violation for using your phone. The language in most laws is "operating." That includes turning the key, sitting with the car in park, sitting at a stop light, etc. It's the same theory that lets an officer write a ticket for drunk driving if you're sleeping in the back seat, but with the keys to the vehicle. No kidding, it happens.
Also, you cannot sue an officer for "doing their job" no matter how unfair you think he/she is being. They have immunity. That protects them and allows them to do their jobs. That is, when they are actually arresting criminals and not collecting revenue from easy targets like people who drive with a cell phone in their hand.
Use a hands free device. Simple. The $30 to $50 or whatever it costs to buy a bluetooth headset is much cheaper than a ticket.
TO ALL GOOD DRIVER CITIZEN IN
TO ALL GOOD DRIVER CITIZEN IN CALIFORNIA TO BEAT ALL COP GIVE OUT TICKET
Only way to help each other not give your money away to the city in UNITED STATE
We should PRACTICE how to beat the CITY COP & CHIP not to give out TICKET to all good
Driver CITIZEN.
1. When you see the COP OR CHIP parking on the road side waiting for someone to make little
Mistake and give them a ticket.
WHEN YOU PASS BY THE COP OR CHIP BLINK YOUR HEAD LIGHT 3 TIMES TO LET OTHER
DRIVER ON THE OPPOSITE SIDE KNOW IT MEANS COP OR CHIP AROUND THE AREA BY BLINK
YOUR HEAD LIGHT WE HELPING ALL DRIVER NOT TO GET THE TICKET.
WE ALL GOOD DRIVER CITIZEN IN CALIFORNIA SHOULD USE THIS PRACTICE TO HELP ALL OF US
PLEASE SEND MESSAGE AROUND OR WORD THEM OUT TO ALL PEOPLE IN CALIFORNIA AND
OTHERS STATE TOO
CVC 23123 Upheld on private property??
Section 5g of cvc 23123 states 'This section does not apply to a person while driving a motor vehicle on private property.' The exact events took place prior to the officer citing me under CVC 23123. I was driving on private property through the parking lot as I received a call, I answered my phone prior to exiting the shopping center and stopped at the exit. While stopped at the exit and still on private property, I advised my friend I had to go prior to pulling onto the highway... as I was in the process of doing so, a Sheriff pulled up behind me initiating a traffic stop and asked me to pull across the street into the gas station. Prior to exiting the private property I disconnected the call and pulled into the gas station. The officer advised me he was citing me for 'driving while talking on my cell phone.' Being that I was not 100% sure of how the vc read and my respect for authority, I did not question the officer at that time. Upon further research of the vc I found that vc section 23123 does not apply while on private property. Being that I was on private property in a shopping mall where signs are posted at each entrance stating 'Private property' can the vehicle code be upheld? If I present my evidence to the judge and request a motion to dismiss do you think my request would be granted?
Does private property in the
Does private property in the law mean a shopping center or private property as in driving on YOUR private property? Someone told me to try the "trial by written declaration" first because if you lose it you can then request an actual in person court appearance date called trial de novo or something like that. If you go straight to court and lose then thats it, you do not get another chance at a court appearance. The trial by declaration was a form you fill out your side and attach any evidence then mail it to the court. The officer has 30 days, as you do, from your request for written trial to respond. Either the officer responds and the judge has to consider your statement against his or the officer doesnt respond and it is suppose to be dismissed. Atleast with the written trial you can try to explain your private property perception and attach the code, if you lose then try again in court.
Chance of beating cop's word against mine?
Today I was pulled over and the officer came up and said "i'm pulling you over for talking on you phone while driving." I was on my phone. My phone was on speaker, never in my hand. I have looked at california DMV site and it says speaker phone is allowed it just cannot be in your hand. It was not. I put it on speaker and set it in my cup holder. I am not a person who even talks on my cell much. He said "well I saw you talking and you were holding something to your ear." I said "no I was talking with it on speaker, not in my hand and I was leaning on my hand waiting to turn." The speed on my ticket is ZERO because I was stopped in the turn lane waiting to turn down my street. It was absolutely not in my hand. I am going to go to the court date but when I said no it wasnt and he says yes it was I bet the court will lsten cause he is in a uniform. This is not right. I have no ticket ever, not even a warning, no accident, not even parking ticket. So when is it his word against mine and I will bring my cell phone bills I guess to show I barely use any minutes ever and they have my driving record will he still beat me? Im truly being honest it was absolutely not in my hands at anytime while driving.
Not a chance
I'm the one who wrote about the cop LIED, LIED, LIED under oath. I was waiting at a red light, looked at my phone, missed the light for a couple seconds and was pulled over. I had proof from my phone records that there were NO phone calls, nor texts in the hours before and during the time of citation. And to my astonishment the judge found me GUILTY!
This cell phone law the way it is currently enforced is ridiculous. Evidently cop can pull you over, claims that you have the phone up in your ear, needs no proof, lies in court and have you convicted. This is ABUSING OF POWER and it has to changed. We have to work on having the law changed such that there is to be some burden of proof on the law enforcement part to prevent abuse. For example, he/she has to record the number of the phone claimed to be used. This is so for the people who didn't even make a call (such as me) can prove our innocence by showing the phone records.
In your case, it's nearly impossible to prove that you were not holding your phone and the judge will nearly always take the cop's side. I believe that there is a collusion between the state, law enforcement and judges to uphold these tickets to increase the state's coffer. It's unconscionable, but it's happening everywhere. We have to fight it to get it changed. Does anyone know how to go about to do this? Call your state senator? Is there some groups/organizations that's currently working on this?
I agree with you that the way
I agree with you that the way it's currently enforced is ridiculous. A friend of mine had her hand up to her face to shield it from the sun and got cited for using a cell phone. When the cop came to her car, she told him her phone was in her purse in the back seat! He asked for her license and she then had to get permission to get her wallet out of the back seat (to which she only had access by exiting the car, and opening the back door). When she showed him her cell phone, safely sitting inside her purse - as described - he proceeded to write her up and insisted she was using a "black" phone while driving. Her phone was a bright blue. She lost in court by default because she could not afford to take a 2nd half day off work to save the $65 fine. (The 1st court date, the cop didn't show up and the judge continued it. In the past, if the cop didn't show up, the defendant automatically won the case!)
They should definitely be required to get photographic evidence and your suggestion about getting the number is also excellent. However, I'm going to disagree with many on this issue of the law. I actually think it's a good one. There are many bad drivers out there and studies have shown that holding a phone impairs their driving as much as having the legal limit of alcohol - more so if texting which is EXTREMELY dangerous. I for one don't want to get into a head on because some reckless kid is too anti-social to have a phone conversation - instead choosing to engage one or more thumbs on a tiny keyboard while driving.
TO ALL GOOD DRIVER CITIZEN IN
TO ALL GOOD DRIVER CITIZEN IN CALIFORNIA TO BEAT ALL COP GIVE OUT TICKET
Only way to help each other not give your money away to the city in UNITED STATE
We should PRACTICE how to beat the CITY COP & CHIP not to give out TICKET to all good
Driver CITIZEN.
1. When you see the COP OR CHIP parking on the road side waiting for someone to make little
Mistake and give them a ticket.
WHEN YOU PASS BY THE COP OR CHIP BLINK YOUR HEAD LIGHT 3 TIMES TO LET OTHER
DRIVER ON THE OPPOSITE SIDE KNOW IT MEANS COP OR CHIP AROUND THE AREA BY BLINK
YOUR HEAD LIGHT WE HELPING ALL DRIVER NOT TO GET THE TICKET.
WE ALL GOOD DRIVER CITIZEN IN CALIFORNIA SHOULD USE THIS PRACTICE TO HELP ALL OF US
PLEASE SEND MESSAGE AROUND OR WORD THEM OUT TO ALL PEOPLE IN CALIFORNIA AND
OTHERS STATE TOO
Why did you even grab the
Why did you even grab the phone?
Here's a similiar situation...
If you had a gun in your hand and pointed it at people, without intention to shoot anyone, and a cop saw you, what would he do?
He'd shoot you.
You would say that you were only pointing it at people, but you weren't going to pull the trigger. You would still get tagged.
You may think this is an extreme situation, but there are things that you don't do in front of a cop if you don't want a ticket.
RE: Why did you even grab the
Must be a cop you gives these tickets out and is trying to justify his actions.
I'm not a cop, but I have
I'm not a cop, but I have enough common sense to distinguish what to do and what not to do. You got caught, now be a man and take responsibility for your error. Stop blaming everyone else for your mistake and learn from it.
Re: Not a chance
I forgot to add that in my case the cop ADMITTED at the citation scene that he pulled me over because I was USING the phone, NOT TALKING on the phone and CHANGED his story in court. A friend told me that they record all conversations. Is there a way I can get the record of the conversation during the citation? I'll call the police department to see if they will provide it, but I have a suspicion that they may not be cooperative. If they are not, is there a way I can get them to produce it? I'm willing to pay for the cost (reasonable cost).
ok...
ok thanks for reply. i will still try in a couple months on the date.
I got a cell phone ticket for just LOOKING through my phone
I got a cell phone ticket for just browsing through my phone at a red light. The cop pulled me over and said I was holding up traffic while using my cellphone. I explained to him that I was not talking on the phone nor was I texting. I was just browsing my contact list and I held up traffic for no more than 2-3 secs and holding up traffic for 3 seconds is not against the law. He wouldn't budge saying I can't use the phone period and give me a ticket. I then asked him to put down on the back of the ticket the the fact that I was not talking on the phone and he refused to do so and said I will have the fact if I show up in court.
I contested the ticket and went to court. The cop lied, lied, lied and said he saw me holding a phone to my ear and was talking so much that lost track of time, blah, blah, blah. I said that the cop lied and I showed the judge me my cell phone statement showing that there were NO phone calls or text messages hours before I was cited and text from the DMV saying that the law does allow me to look at contact info while driving. To my astonishment, the judge found my GUILTY!!! When I asked why he said because the cop saw me holding the phone. I said, but I have proof showing that I WASN'T on the phone, but he wouldn't budge.
Besides contesting a speeding ticket 15 years ago, I don't have any experience with dealing with the law. It astounded me that an officer of the law would blatantly lied under oath. The cop's name is John Renegar of Mountain View. He's a fricken liar! The the judge, he gave judges a bad name. I've heard of stories of crooked cops, and boy, let me tell you that it's no fun experiencing it yourself. Made me totally lose faith in the system.
I'm going to appeal the decision. I don't care if it's going to cost me more money and more time. I just can't roll over and accept such crap!
I got pulled over this
I got pulled over this morning by John Renegar as well. I looked at my phone at a red light. Not talking on it, not texting. I picked it up and looked at it. He told me it is illegal to touch your phone when you car is on. UNBELIEVABLE!!
Be careful!
John Renegar is full of crap. The law does not say you can't touch the phone. It's an excuse to give you a ticket and if you're going to contest it, he is going to LIE in court and get you convicted. The court will collude with him, or perhaps just that judge/commissioner. If you're going to trial and it is in Palo Alto, change your court date if the judge's name is Triplet (or something similar to that). Not sure if you can find this out in advanced.
I wonder if this is a pattern, one can file a complain with the Mt. View PD.
In any case, be prepared, be VERY prepared. Bring all documentations you can find and be prepared to appeal.
Appeal!! And try ActionLine, other advocacy groups
Hi. Not much pushes my buttons, but INJUSTICE absolutely does! :( I'm so sorry about what happened to you, and I'm also disgusted that Officer John Renegar of the Mountain View Police Department would SHAME the police profession by lying to your face, and in front of a judge! I don't know him, and I don't know anyone in the Mtn View PD, but after reading what you wrote here, I'm considering contact them to let them know what I think of their "officer" (which I put in quotes because he does NOT deserve the badge!) I tent to be a very idealistic person, so it always makes me so sad and confused when people I look up to (police, firefighters, schoolteachers, doctors, clergy, etc.) do grossly unethical things.
Anyway, enough of my angry ramblings; I wanted to let you know of the Action Line advocacy column by Dennis Rockstroh, a columnist for the San Jose Mercury News. He's typically a consumer advocate, but sometimes he tries to help in cases like this as well. I don't know if you live in the Bay Area or were just in Mtn View for a visit, but the Action Line column is VERY WELL KNOWN throughout the Bay Area and California, for that matter. I read Rockstroh's column faithfully and have seen how he has gotten results for people even when no one else, and nothing else, has gotten results. Here's a link to his column, which includes his contact info. GOOD LUCK!!
http://www.mercurynews.com/action-line
ticket for having phone in hand... power not on
can the law be interpretated to include the act of holding a powered down cell phone?
can the law be interpretate to cover holding your phone with out use of any of it's featurees, ie; when looking at it to check the time (assuming to buttons will require pressing to change screen or reveal the time?
does the loa cover the act of pressing the bluetooth on for an incoming call?
sorry for the typos above...
sorry for the typos above... the statement in parenthesis should read "assuming NO buttons...." and the "loa" in the last statement was intended to read LAW...
notwthstanding the typos, i am asking the above since i got a ticket for having the cell phone in my hand... i walked out of the house, keys and phone in hand and got 2 blocks from home on the way to work and a motorcycle cop gave me a ticket... i just still had the phone in my hand and to him it didn't matter what i was doing... is there more detail and explanation as to what the relevant CVC code is and specifically covers or infers?
FUCKING COCKSUCKING PIGS
CRAPPY ASS PIG SWINE HOPE THEY ALL DIE A HORIBLE DEATH
WHY ARE THE FINES DIFFERENT FOR 1st TIME OFFENSE?
Have they raised the fines since 2008? I am a 1st time violator. My fine is $156. I have no other tickets or violations on my record. Also the cop said that this is not a moving violation so it doesn't go to my insurance co. or on my record. Is this true?
Cost,Insurance
I got one too. I was told it is $20 for 1st violation and $50 for second or more but it comes out to ~$140-150s for first and ~$250s for second due to fees-penalities, taxes, etc??? It is not a simple $20 fine as first said. I also looked at ca-dmv site and it says it is reportable to dmv and will be on driving record but there is no point. When I google about insurance it says like most first time tickets the insurance company will not increase rate but further tickets they will, so not sure.
OFF THE PIG!!
Eh, it was a straight $200. I had heard that $20, and the $156. This is the first time charge in reality, not their lie. Oh, and is it a reportable offense, or not? Well, use your own interpretation. Either conclusion is supported. I think a little honesty about what it costs and what it does is in order. Now, let's see: The cop tells me all he wants me to do is to use a hands-free device, but, then he hands me the ticket! So, as you can see, when the pigs ASK you, they accompany that with force. They aren't JUST asking. Let me see what I can do "for" them if that's the rules we are going by. They clearly need help in defining what certain levels of deception and violence truly mean.
I just got one and it was
I just got one and it was $156 as well. When the law came out the news reported that the first offense is a warning and $50 fine after that, this is not true! The CHP told me it is at their discretion whether or not to warn me and well I guess he was having a bad day and decided to be a jerk!!! I am not sure if this is worth fighting because i would lose almost that much in a missed day of work and then if they make me pay it now I'm down double that. This is ridiculous since I wasn't even talking at the time, I picked it up dialed and held it to my ear to listen if it was ringing then I was going to turn the speaker on. I guess it doesn't matter if it is up to your face is all that matters!!!
cell phone use while driving.
I think you have misplaced the name of Jerk. The cell phone law has been with us for a few of years. I will bet that this was not your fist offense of this law- but the first time you got caught??? Warning & reminders have all over the TV and highway readers sign everyday for the past few years. Maybe the first offence fine should be $300.00. Just think if you had purchased a hands free head set for about 89.00 you would still have 67.00 in you pocket. Thank God - you were able to sign the ticket, instead of the HP Officer having to advise your love ones of you death, medical team attends to a severely in
Thank God, CHP Officer was able to issue you a ticket, and not have to watch you or another person, being put in an ambulance or worse because, you were using a cell phone while driving for the 1st time or the 101st time. I think the officer did you a favor. So as for JERK I don’t believe is was the CHP Officer.
#uck you
#uck you
ha!
actually, your a jerk just trying to be a dumbass and defend dirty cops who dont even do their full job by making sure the person is guilty. not just ticketing someone who might be. so how about you stop being a dirtycuntface and realize some cops are jerks. have a nice day, BlTCH.
jERK
Hahahahahah. MOST cops are jerks or rhymes with Nicks , especially the bike cops. Can you say compensating? They're not keeping anyone safe. Most people think the hands free isn't even a law. I watched 16 year old girls in my neighborhood drive around with a phone in their hand and three friends in the back. No big. They don't care. I see cops on personal cell phone calls all of the time. Talk about abusing powers. So I can drive around with a sandwich or drink in my hands and that's OK? Makeup? Get dressed? No one HAS to drive with two hands on the wheel anyway. Most likely you're a cop making excuses for your tiny friends.
Worthless waste of money
Police officers as a whole are uneducated muscle heads who couldn't do anything else. Our society gives them an inflated sense of worth and then allows them to act above the law. LAPD's job is to protect and serve. When I've had issues in my neighborhood, we've placed at times 8 separate calls and no one shows up. But then decide to put up a sting on a major roade and if you happen to be the next car to pass after an officers has just finished a ticket, you're screwed. I for one believe that they should be held to a higher standard than most people. But instead you get steroid rage 22 year olds with a gun and a little power. And this whole cell phone thing is a joke. I got pulled over on a residential street with no traffic after nearly getting run off the road by a guy on a cell phone 2 blocks away on a busy street. Make no mistake, this isn't about justice, it isn't about fairness, it isn't about safety, it is about money, period. If you've got time, stand up and fight - you've got nothing to lose on this since it isn't a point on your record.
Cell Phone fines
Hello there,
Your base fine is 20 dollars. Then the uniform bail schedule is applied to the fine, and there are all kinds of penalty assessments, and other fees that the legislation has added, which brings your fine up to 80 bucks. Then your local county government charges fees, and that's what brings the fine up to what you got on your courtesy notice. The second offense is currently 200 bucks before the local fees, bringing the fine to about 285 dollars. My suggestion, stop breaking the law.
Unfair??
I recently got a ticket for cell usage..but the problem is here..I had my Bluetooth on and I placed the phone on my chest and then put it on my lap..when the officer came to the window I asked him why he pulled me over if I had a Bluetooth and even that I was using the Bluetooth..he told me I couldn't hold the phone and he admitted that I only had it for a brief second while I put it on my lap not to mention I was not using the phone,simply because I switched it from my chest to my lap...I told him if he could let me go off with a warning but refused..I dk whether to fight it or ask for a decrease for the amount..Any suggestions???
Admission
Well first off, don't go into court and say "I only did it for a second". You just admitted guilt. The law is called "Hands free" for a reason. You need to contact a lawyer who specializes in traffic cases, and get a free consult. I would not hire one since the fine is only 150 bucks with fees, and the attorney will charge you more than that just for the retainer. Take some notes during your consult, find out where and when the trials are held in your county, walk in and watch a few trials to get a feel on how the judge feels about the cell phone violations, see which way the judge or commissioner leans on the issue, and weigh and balance whether it's worth it or not for you to take a day off work or school just to lose if you can't come up with anything better than admitting that you did in fact do it, but only for a second.
66 mph
Hey Chris, did you drive 66 in a 65 today? The first fine is $156. The local and state government are thieves and it's just revenue NOT safety.
Safety vs Revinue
I think you would be hard pressed to find an officer who writes someone a ticket for going 66 in a 65. While this is against the law by the letter of the law, I don't think it is the legislative intent of the code, and furthermore, there are plenty of people doing 75-80 in a 65 for him or her to write citations to. You are comparing apples to oranges. Talking on your cell phone is different. You are either talking, or you are not. Speed violations are a whole different animal, with a lot more elements of the crime to prove.
Pay Attention
Someone may have pointed this out already, but those of you who got a ticket flat out deserved it.
The fact that you didn't notice the cop sitting close enough to you that he/she could see you talking on the dang phone, is enough to convince me your already a heartbeat away from a car accident.
Christ, I ain't never going to California!!!
Nice grammer I aint' never
Nice grammer I aint' never you are an idiot thank god you are not coming you would probably get hit.
YOURE A DUMBASS. SPEAK
YOURE A DUMBASS. SPEAK CORRECTLY.
Goddamn, what the fuck is
Goddamn, what the fuck is with all of you dumbshits? i bet you dont see every car around you either, especially if their the plain cars. also cops will write you the ticket no matter what, realize that. so dont write off everyone as guilty in your mind. You shouldd know that ppl are getting tickets for TOUCHING THEIR PHONE, USING THEIR iPOD, USING THEIR BLUETOOTH, you name it. people all over are getting screwed over by this law and with all the other fees that $20 is closer to $150. they have every incentive to write you the ticket cuz the fees pay their paychecks. so yeah, how about ur dumb biased cuntface gets off the internet.
also, inb4 spellcheck, BlTCH.
ain't
Promise?
Stay home please!!!
I aint never? Nice grammar! did it ever occur to you that cops are not always honest?? I was using a hands free device, nothing up to my ear, but the cop said he saw my mouth moving and no one else was in the car, so therefore I was talking on my phone, which is NOT illegal as long as my hands are free. Maybe your state didnt enact a cell phone law because youre too damn illiterate to operate a cell phone in the first place so they figured there was no need.
for all of you who obviously
for all of you who obviously don't pay attention to the laws..... It is not legal to HOLD anything while you are driving. HANDS-FREE is pretty self explanatory. Your hands are kept FREE. Anytime you are behind the wheel of a car you are the DRIVER!!! Every law applies to you. Cops can be jerks but they have to be to deal with dumb people all day. They can't even call you stupid because you'll complain to their supervisor. They have to be two different people. Leave them alone. and once they start writing the ticket your screwed. unless you want to write a satisfactory letter to their chief explaining why they didn't write the ticket like they have to do. And for those who complain about the law california citizens voted for it to pass and hmmm are you a citizen?
Not legal to hold anything? Does that include food, drinks?
Hi. I hope I don't sound dense here, but since you wrote "It is not legal to HOLD anything while you are driving" I am taking that to mean truly NOTHING can be held by a driver. In that case, can we actually get a ticket for eating food or drinking a beverage while driving? I know a very large number of people who eat and drink while driving (whether right or wrong) but NONE of them have ever gotten a ticket for it. They have, however, gotten tickets for various other things, including when they had food/drinks in the car during the stop. But the eating/drinking never came up.
So now I'm completely confused on this point: is it LEGAL or ILLEGAL to EAT and/or DRINK something while you're behind the wheel of your car? I dont' do this nearly as much as my friends do, but I do sometimes grab a protein bar while driving or take a few sips of a drink. I can't afford a ticket, so please clarify this or I'll literally be afraid to ever eat or drink in my car again. :( :( And please don't laugh; I have no idea if you intended food or drink when you said it's not legal to hold anything while driving. I figure it's better to ask and err on the side of caution. Thanks!
Not true
This is simply not true anonymous. If you read the code, it does not include holding an MP3 player, or if you are using your phone for navigation, that is perfectly legal as well. The code strictly prohibits using your cell phones, but does not include GPS, Music players, etc... So for those devices that are multifunctional, like a smart phone with GPS, MP3 player and Cell phone, it is the prosecution's burden of proof that the defendant was actually using the device as a cell phone at the time. Here is the code:
23123 (a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.
(b) A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.
(c) This section does not apply to a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.
(d) This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.
(e) This section does not apply to a person driving a schoolbus or transit vehicle that is subject to Section 23125.
(f) This section does not apply to a person while driving a motor vehicle on private property.
I got a ticket for using my
I got a ticket for using my nav on my iPhone
Even showed him the map. He didn't care. This is extortion
Maybe it would safer to use a paper map?
Why can't they focus on things like unsafe driving such as tailgating, speeding, weaving in and out of traffic and motorcycles driving between cars? I told the cop I'll see you in court
I thought law enforcement was to protect and serve law obiding citizens
I haven't had a ticket for 20 years
I feel like I've been raped
I wish there was a meaningfully group i could join to fight this garbage
sorta is true
I was recently found guilty under VC 23123 a for what the officer described as "touching the phone" while in the vehicle. I literally plugged my phone into the charger while at a stop light and put it down. I looked over at the officer with my hands on the wheel after I had put the phone down and he looked at me funny, but waited a while before he actually pulled me over. I had no idea why I was in trouble.
The officer told me you cannot touch your phone in the car or use it for any purpose (mp3, gps, etc.) UNLESS it is in a car mount...can you tell me where any of that is in the law???
sorta is true
I was recently found guilty under VC 23123 a for what the officer described as "touching the phone" while in the vehicle. I literally plugged my phone into the charger while at a stop light and put it down. I looked over at the officer with my hands on the wheel after I had put the phone down and he looked at me funny, but waited a while before he actually pulled me over. I had no idea why I was in trouble.
The officer told me you cannot touch your phone in the car or use it for any purpose (mp3, gps, etc.) UNLESS it is in a car mount...can you tell me where any of that is in the law???
long gone!
been a few years now... hands free mobile communication link and tech gadget has emerged... would that still be covered by the offense.. or that's a clear violation on the doctrine of over breath..
wedding transportation watsonville ca
See above
See my post above, and by the way, keep in mind that it is always up to the judicial officer that is hearing the evidence to decide, after taking into consideration any case law, and local decisions, what is a violation under this code. It is their interpretation of the code that matters.
Got Citation For Using A Cellphone.
I got a citation today for being on my cellphone. I will admit I was on my phone just before the cop pulled me over. I was only on it for maybe three minutes. It was a work call so I did not want to ignore it. When the cop pulled me over he asked me if I had a blue tooth headset. I told him no I had been trying to get one for months. He practically cut me off and said I was getting a ticket for driving with using a cell phone. I am all for people getting busted for using phones and since I broke the law I am going to pay the fines. I have two low paying jobs, high bills, and barely work thirty hours a week with both jobs combined. I also have a clean driving record and I usually have my phone in my purse. So got ticketed for the one day I didn't follow the law, go fig. Anyway, what my problem is I haven't gotten a blue tooth because I can't afford it. What pisses me off even more is that the cell phones companies when this law went in effect did not send out free blue tooth devices. Instead they used it as an excuse to jack up the prices on them. I believe the law should be there but I do not think it is fair that they are making it difficult for some of us to get blue tooth's by pricing them high. As it stands tomorrow when hopefully one of my checks arrive I am going to bite the bullet and just buy one.
Cheap Hands-free Devices
Hi Anonymous,
Frankly, bluetooths are a waste of money. I went through three in the span of a year--the batteries in those crap out quickly and unfortunately there is no way to replace them.
What you want is a plug in hands-free device--not only will they never die on you, but they only cost $15 - $20. I got mine at Best Buy and have no problems with it.
Don't bother with the flashy stuff, seriously.
http://www.bestbuy.com/site/Rocketfish%26%23153%3B+Mobile+-+Hands-Free+Stereo+Headset+-+Black/Red/9311675.p?id=1218082165930&skuId=9311675
Hope this helps!
Thank you for giving me an
Thank you for giving me an alternative. It is greatly appreciated. :)
Infraction
All I heard you say was blah blah blah guilty. A traffic infraction, specifically this one, is not an intent specific offense. The prosecution does not need to prove that you intended to do it, or that you can afford to pay it. They merely need to prove that you did it. It would be judicial misconduct for a Judge to find you not guilty at trial if the officer puts on a good case, and there is no reasonable doubt, and then you admit guilt. What I would suggest is that you go into court for arraignment and hope for a reduced fine. Everyone else has issues just like you, but that has nothing to do with you breaking the law. Put the phone in the back seat so you can't reach it, and quit endangering those around you by distracting yourself with your cell phone.
I Have an Entitlement Mentality
"What pisses me off even more is that the cell phones companies when this law went in effect did not send out free blue tooth devices."
I also want a free Bluetooth headset for my iPhone 3GS. i also hope Apple Computer sends me a free iPhone 5 upgrade when it comes out. Damn those greedy capitalists.
Oh Please...
Yeah but is there a law saying you have to have the new iPhone 5? Stop being a jerk.
Oh yeah
Is there a law saying you have to have a cellphone? Is there a law saying you have to use a cellphone when driving? Cellphone companies have NO obligation to send you a device that they sell just because a state enacts a law saying you have to use a hands-free device when making cellphone calls when driving. If you do not have the device, do not use your cellphone when driving. Simple.
I apologize for expressing a
I apologize for expressing a perfectly valid opinion. I admitted I was in the wrong but I do not see why it is such a big deal for stating my opinion about cell phone companies. All I see is you yelling at me is to not use my cellphone while driving. You do not know who I am so neither one of you have the right to snap at me for doing it. I expressed that I normally do not talk on my phone while driving. I was not complaining about getting the citation because I deserved it. So why don't you trolls go back into the hole you crawled out from. I politely expressed my opinion why can't you do the same?
Jack-hole ....
I was holding my phone, using SPEAKER PHONE and the jack hole pulls me over... no comments, just asked for license & registration... I received a ticket for $256!! I have NOTHING on my record!!!!! PLEASE help me fight this one!!!!!
Not in your hand
You are not allowed to use speakerphone if your are holding it in your hand. The law is a "hands free" law. This means that since you admitted that the phone was in your hand, you are guilty. You have to mount your phone to your dashboard or set it in your lap, or something like that. YOU CAN'T HOLD IT IN YOUR HAND.
who's the jack-hole
dont talk on your cell while you're driving and you wont get a ticket...
Where is the community support?
C'mon I understand that you are scared of people driving on thier cellphones. I do not understand why you need to be the "I told you so" person. I for one have been hurt by avoiding calls while I am driving if it's an important call you have the opportuinty to answer it without even looking at your phone.
You are High and mighty and probably have a reletive that can sign off and void all of your tickets so it is no big deal to you.
Please keep pointing your finger down at society from you bully pulpit. The rest of us are just trying to figure a way to enjoy life and not be dragged down by petty and heavy-handed laws.
I talk and drive on my cell all the time and don't get tickets unless I am speeding. I drive with one hand usually and my eyes are on the road while my foot is on the gas. Text and driving is the scary thing. E-mail me back if you want to point your finger some more. Lets go Chargers
Anonymous
You obviously have no clue what driving while talking on your cell phone does to your state of mind and ability to control your vehicle. There are studies that show that talking on your cell phone is the same as drinking two beers and then getting behind the wheel. There is no phone call that is important enough to die for, but the law is not even asking you to stop talking on your cell phone while driving. They are simply asking you to do it hands free. I will also say that you are ignorant to this law, because it is not a correctable violation, so even if the "bullies" that have friends in law enforcement wanted to, they couldn't have their tickets signed off. If you are being "dragged down" by not being able to distract yourself while driving, I suggest you hand your license back to the DMV and get a bus pass. Lastly, I think we would all be interested in knowing how you were "hurt" by not answering a phone call while driving? Especially since it only takes 15 seconds to pull over and park to take your call.
state of..............
......so is eating, putting on make-up, listening to music, talking on a hands-free, shaving?, reading the newspaper/book??? or even talking to the person next to you. Oh yeah, yelling at the kids. The point is that $156 for the FIRST time is crazy. This state will gouge you on any and everything it can.
Difference
I will tell you the difference as I see it... When you are shaving, putting on makeup, etc... your thought process is: shave, shave, no more hair, done shaving... or: Apply eye shadow, missed a spot, there, got it. You thought process when you are talking on the phone is much more complex, and takes much more away from your complex motor functions that are supposed to be concentrating on driving. You are interacting with another thinking being on the other line, thinking about your relationship to that person as it relates to the subject at hand, and forming responses to stimuli. That's not counting if the conversation goes bad, and you get some bad news about your loved one while you are driving, and your body gets a nice flow of adrenaline as a result, and motor functions become stiff, and emotions take over... forget about it.
Another aspect that makes your argument invalid is, those other things are simply not illegal, and therefore are not valid legal arguments to the offense at hand. If you go into court and make that argument, that's the response you will get from the judge. The same way that legislation has deemed it OK for poultry farmers to litter feathers all over the highway while transporting chickens, yet if you toss an apple core out the window, you will get fined, you are making an invalid legal argument. Lobbyists got together because presumably the poultry industry simply could not afford to pay thousands of fines every year as part of their overhead, and got legislators to agree that feathers are an exception to the law.
Ticketed while stopped at a stop light
I was on full and complete stop at a red light when i picked up my cell to check on my messages. I put down the phone even before the light turned green.
When the light turned green i proceeded and then I saw the cop flash her lights.
The cop did not talk to me, she just asked for my license and registration. When she gave me the ticket I told her I just peeked at my cell while the light was red. She told me that it was not allowed even to touch or hold the phone.
I would like to fight this ticket. Will it be better to go to court or just to file the "Trial
by Written Declaration". Any suggestions??
Cell Phone Ticket at Red lights - FIGHT IT!
Hey I got one of those too, The cops are out of line on this matter, this is a mis-application of the law.
We the people need to stand up a fight this from of tyranny.
the government is making bad laws becuase of those bleeding heart idealist right wing lobbist.
I did the same thing as you did Roddy...
I just went to court today trying to fight a similar situation. I was approaching a yellow light and came to a stop when the light turned red. While completely stopped, I picked up my cell phone making a 15 second call to leave a voice message for someone telling them I was on my way to meet them. I knew it was not legal to text, even at a stoplight, but I read the cell phone law in CA when it first came out in 2008 and did not find anything about not being able to use your phone at a stoplight, and then be done with the call before light turned green and you start rolling again. It is a fairly new law with gray areas and omissions just like all new laws. I explained what happened and was found guilty today and fined $150.00. What is a shame, is that my other phone (work phone) was sitting on my car seat next to me that day, all hooked up to my headset but I chose to grab my personal cell phone in the interest of time. If you do decide to fight yours in court, take it seriously---I did not have a lot of hard facts although I made some good points. But realistically, my showing up to court today was probably an exercise in futility and the decision already made before I arrived. The officer was present in court and he had an attitude---and didn't tell the truth stating that he saw me "holding the phone in her left hand 30 feet before stopping for the red light and holding it to her left ear while at the red light". The fact is, I only hold my phone in my right hand and up to my left ear so he clearly did not see what he thought he saw. I wish I would have consulted legal advice before going there on my own today.
Oops! Error in my post "I did the same thing as you did Roddy..
Towards the end of my post I mis-stated the way I hold my phone. I actually only hold in up to my RIGHT ear with my RIGHT hand! My apologies for the error.
Guilty
If you tell the judge you only held it for a second, you have admitted guilt, and you are going to be found guilty. If the key is in the ignition, the engine is running, and you are on the road, you are driving by definition. It baffles me that you don't recognize that you broke the law. You are wasting your time if you go to trial on this.
Chris is the do gooder of this site
Chris,
You seem to be the do gooder and slap on the wrist guy on this site. You must be a bored as hell cop who has nothing better to do than to find a site like this and scold people who messed up. You act like you are above the law, and quite frankly you ARE a citizen with the same rights as me but somehow I'm sure the good ol' boys make your stuff go away. I've done my research, I'm not happy about this ticket but if I was in the wrong I was in the wrong so be it! I also did a bit of research into the 11-99 Foundation, and for a mere $1800 lifetime membership fee, most cops/CHP/Sheriff will look the other way unless you ran over someone. So listen Mr. Do Gooder, before you come down from that soap box you sit on you need to look at things from a true citizens point of view and not your twisted God complex you seem to have that you have never broken the law in your life. You have, you know it, but you obviously have your hand in the right pocket! Get over yourself, nobody reallly cares to hear from you, you haven't impart any of your "wisdom" on anyone here, all you have done is tell people what losers they are........ the only loser I see here is you who has nothing better to do then to pass judgement on everyone else. I will pray for you because although we all may have made a mistake, there is no fine that you can pay for being a JERK!
God bless you!
LOL bring god into it now.
I think it's hilarious that you use the most common immature psychological rebukes that people use when they think they are being attacked, and have no real argument that pertains to the subject. You turn to religion and false facts. You can pray all you want, but the bottom line is, in all of your ranting in your huge paragraph of run-on sentences, you are not addressing the underlying issue. In fact, you are deflecting, and at the same time reinforcing my point. I will give you a few minutes to absorb that and realize that you have already lost the argument. Good luck, and drive safe.
That was my point do gooder #2
I was particularly attacking him for the judgement based comments he was making on others where there was no need for him to make personal attacks on people for their mistakes. If you have a comment about it, state it and move on or give advice but don't become holier than though. As far as religion goes, I apply it to everything in my life and I will pray for you too. And you are another one that is too busy counting run on sentences to actually pay attention to what was being said, another judgemental do gooder! Now I'm counting! Lol! I will sleep well tonight, will you?
Traffic Lawyer
I am an attorney in California. I specialize in traffic cases. Everything Chris said on this page (with the exception of the personal opinions about other people) is spot on. I think we should use this page for what it was intended for though, and stop these personal attacks on each other. We will leave the attacks up to the traffic officer when they attack your wallet, and then I attack it some more with my retainer. Good luck all.
out of state ticket
I would appreciate some advice. While driving back from California to Arizona (Tucson) with Illinois plate and drivers license (snowbirds), I was pulled over for using my passengers phone for thirty seconds. We were not aware of the rule - doesn't exist in Arizona or Illinois. Can this be used as a defense? No other tickets in 47 years of driving. Thanks for any and all help.
Unfortunately not
Unfortunately this is not a defense on this offense. There's an old saying, and there is probably a more technical piece of legislation that could be quoted in it's place, but even in law school, it was used a lot. It states "Ignorance is no excuse for abstinence of the law." In other words, you can't claim ignorance of the law as a defense. Now, it's always up to the judicial officer (usually a commissioner on traffic offenses) whether or not they want to hear an explanation, and take your explanation into account. I will give you a bit of info though, talking on your cell phone is not a point on your record because it's not a moving violation, and the first offense after fees and court costs is around 165 dollars. If you live out of town, you might want to weigh and balance whether it's worth it or not to drive back to whatever county court you would have to appear in, and see the judge over what will amount to a meager difference compared to your lost wages and gas money.
Good luck.
Hello Traffic Lawyer
Hello Traffic Lawyer. Maybe you can answer a question for me please. In the state of California, if you could not show up to your traffic court date because you were sick in bed, and you called the court that morning as soon as they opened and spoke with someone, why would the court issue a 'Failed to Appear' on that person? Furthermore, when I went to the rescheduled court hearing, the judge found me guilty...even though it was recorded in the computer that I had called in sick that morning, and then called back again that afternoon to learn what the court said would be the outcome for me. The outcome was that they were allowing me to reschedule my court date. So, when I went to the rescheduled court date, I never in a million years thought I would be found guilty. What in the world is a person supposed to do if they are ill and cannot appear?
So now that I have been found guilty, have I been convicted of a misdeameanor that will go on my record? If so, does that mean on job applications, that I have to say 'yes' I have been found guilty of a misdeameanor? Oh my gosh, if this is true I am mortified! I have had a perfect traffic record for the past 20-25 years and now this!
Misdemeanor
Your traffic violation is not a misdemeanor. The failure to appear is not a misdemeanor. 40509.5 gives the court the authority to either issue warrants for failures to appear or suspend licenses. There are very few counties that still issue warrants for traffic infractions. If you were charged with a misdemeanor 14601.1(a) (Driving on a suspended license) usually you can show proof of correction for that, and it is reduced to a 12500(a) of the Vehicle code, which reduces the charge to an infraction, and gets rid of the two points associated with the suspended license charge. If you are not appearing in the main criminal court and being prosecuted by the D.A., then most likely your charge will be handled as an infraction, and it will only go on your record for purposes of prior-ability.
As for the failure to appear, you should have went back to court and filed a motion to set aside the judgment and get a new trial. You can file a written motion, or some counties let you pay a small fee and walk into court and talk to the Judge or Commissioner about your illness, and by law illness is good cause to set aside a judgment. If you have proof of your illness, you should have no problems getting the judgment set aside. The fact that you do not know the first thing about the law means you should be in the phone book calling lawyers to get free consultations on your case. Good luck.
It may be hard to win but
It may be hard to win but telling you that you can't touch the phone or hold it doesn't make sense. They say to use handsfree but you can't dial most of the time without touching it. Even when you use voice dialing you will need to touch it.
You can dial
ocguy71, you can dial the phone. The issue is, the phone needs to be mounted to the dash in some way, or even sitting in your lap while the bluetooth is connected. You just cant hold the phone in your hand and dial it. You can, however, reach out to the phone mounted on your dash and dial it.
SOMEONE PLZ HELP! I got a
SOMEONE PLZ HELP! I got a ticket for driving without insurance and for using the cell phone even though it was on speaker! The bill came to $1031.00... any ideas why?
One thousand dollars wasn't enough fine for YOU
ARE YOU KIDDING ME? You are driving around WITHOUT INSURANCE, and ON THE PHONE! You need to get OFF THE ROAD ENTIRELY. I hope they get you for at least the thousand bucks. What happens if you HIT ANOTHER CAR? How would that person feel if you crashed into them because you are distracted by the phone. Were you raised by wolves, what did your parents teach you anyway???
Insurance
Insurance is 800 dollars for the first offense, and 1900 for the second offense at the time I am typing this. You cannot use your cell phone while it's on speaker unless it is not in your hand. If you come to court with your insurance, most courts will dismiss it, and you will owe a proof of correction fee. If you didn't have insurance at the time, some courts will allow you to bring in insurance you obtained after the fact of the ticket. Keep in mind that you do not need a car to get car insurance. You can get a non-owner policy, bring it to court, and some courts will amend the charge of 16028a (driving while not insured) to a lesser charge, and reduce the fine. Insurance is a mandatory fine, and cannot be reduced by the court, so it's important that you bring insurance to court so you can show proof.
driving while on cellphone with insurance
I also got the same ticket and the bill is also 1031.00 why so expensive? the ticket is due till next month, any one have any idea?
crash while talking
me and the person behind me were rear ended the other night by a truck going 70 miles per hour. the person in the car behind me was killed and my car was totaled.
i think the guy that hit us must have been dialing a # or texting or emailing as he had no clue the traffic ahead of him was at a complete stop. i drive a ton and it seems in the past year i see more and more wrecks and i think people are way to distracted with all the electronics available to them in their cars. i wonder if the police can get to the guys phone records to see if he was on the phone before the wreck and if so would this make him prosecutable for a bigger penalty for the death of the person.
Ticket for iPod use
So I got a ticket a couple of days ago for a cell phone violation, sad thing was my cell phone was in it's usual place while I drive (sitting in my door handle not being used). I actually had my iPod in hand. Have you guys heard of anyone with this same problem as I am thinking of fighting this ticket? I read the violation code I was cited (CVC 23123(a) - cell phone) and did not see anything about an iPod of some sort or MP3 device usage. An iPod Touch looks just like the old iPhone 3G/3GS and I think the officer thinks it was a phone. I don't really mind it but it just irks me about how general they are making the violation code even though it doesn't state anything about just holding a phone in your hand.
iPod Ticket
I think you should fight the ticket. I got the same citation, but a different code. He initially thought I was on the phone but when I showed it to him music still playing, he realized his error and went back to his bike. 20 minutes later, he comes back with the ticket and on it he cites CVC 21700: Load interferes with drivers control. See http://dmv.ca.gov/pubs/vctop/d11/vc21700.htm
The validity of 21700 in my circumstance is questionable, but should help you fight your ticket. Go to trial and tell the judge that you are innocent on the charge of VC 23123; Had the officer cited you for VC 21700, you would gladly plead guilty but since he cited you for the incorrect vehicle code, kindly request a motion to dismiss based on whatever evidence you may have or the officer's (contradictory) testimony. Also visit helpigotaticket.com for other ideas on how to approach your trial. (Not my site, just something that has helped me through the years)
BTW, I am not an attorney and this is not legal advice.
I would fight it as those
I would fight it as those cell phone tickets aren't cheap. You can explain to the judge what it is.
Pretty soon we're going to get cited for driving with 1 hand and I own a stick shift car.
over 2000 tickets handed out in one day-Thank you Highway Patrol
Finally, maybe some relief for us drivers who follow the rules, and don't text or talk and drive. 2000+ tickets were handed out yesterday my the Highway Patrol. Good Job, Cali needs the money, and I need you to get off the phone and drive.
http://www.fresnobee.com/2010/09/23/2090219/2088-drivers-cited-in-cell-phone.html
Talking on Cell phone tickets
You sound like a true narcissist. I'm sure everything you do or happens to you is wonderful and great! It is bullshit. The city, state, and federal government get too much money from me and every other working citizen. In fact, cops basically treat me, the person that pays for them to have a job, treat me like yesterday's trash. I am always baffled at what jerks cops can be. Seriously, I am not a criminal for talking on my cell phone. In fact, it was legal up until a few months ago. They are rude and bullish just because they can. I have to say that I have never been treated respectfully or even just neighborly by a cop - and I have never done anything to antagonize or aggravate them when dealing with me.
I cannot stand COPS anymore! I have had it with them acting like BIG BAD BOUNCER. Try enforcing the law without bullying everyone around you for a change.
In addition, I would like to know why a cop gets to pick b/t citation (a) or (b). Well, the only difference with Citation 23123a and b is that (a) costs 156.00 where (b) is only 20.00 for a first offender. Why did he give me (a) rather than (b) when it was my first offense? Because they are just after my money.
I was on the cell for a matter of 2 seconds. I just wanted to see if I had a call. What a jerk! See if I give those assholes anymore of my contributions, which I did every year for the past 15 years. In fact, as soon as I hear it is a charity call for the Police I will hang up, immediately.
Waah
You admit to doing it. Why are you on here whining. Stupid people like you.."I was on the cell for a matter of 2 seconds" what a jerk. 2 seconds is forever if you aren't paying attention TO THE ROAD. Not your call, or your office, or your girlfriend, or your kid.
HANG UP AND DRIVE
Law
Umm, by definition, you are a criminal for talking on your cell phone, as it is against the law. Enough said.
law
The word criminal seems harsh. Illegal immigration is against the law. The cops know where to go to give those tickets out...but don't. Doing 66 in a 65 is illegal. Driving with minors in the car when your 16 is illegal and as I found out a cracked windshield is illegal. For me, the bottom line is SELECTIVE ENFORCEMENT. No excuses, it just is.
Just because
Just because something seems harsh does not make it true.
Definition of a Criminal from Webster's Online Dictionary:
[Middle English, from Old French criminel, from Late Latin crminlis, from Latin crmen, crmin-, accusation; see crime.]
One that has committed or been legally convicted of a crime.
Oh, and the B section is
Oh, and the B section is texting while driving, and the a section is talking, and they are the same fine. Maybe you should actually look up the section you violated before spewing a bunch of nonsense.
Oh and about the fine... if
Oh and about the fine... if you scroll up and read my post on the fines and fees, you will know why your 20 dollar fine turned into 155 dollars. And by the way, it just went up and now it's 165.
Chris, do you have a job or a life??
I see you have a ton of time to sit on this site criticizing people for minor mistakes, or if they simply are being accused of something they did not do. You have responded to every person on here practically so my question is are you a judgemental trust fund baby who feels superior to everyone else, or someone sitting around collecting unemployment from the state which is partly funded by these tickets?? that would explain your passion for the police issuing bogus tickets. My only desire would be to know that you got a ticket for something foolish or that you didnt even do and then I would finally feel the police actually did something good!! Get off your narrow minded, holier than thou high horse and join the rest of society. BTK killer was an upstanding, moral filled citizen who called everyone on everything they did, and look at what was going on with him? what is your deal??
Cop
I will respond, simply because you have taken such great effort to ridicule me for having time to respond here, when you clearly have ample time as well, and also have nothing better to do. Most of my family is in law enforcement, and I truly believe that the large majority of citations given are warranted. I think your hate filled rage is misdirected. What I am hearing from most of the people on this page is that they agree that they committed the offense, they just feel that the money owed is a bit egregious given the crime committed. I think most of the beef people have with these citations then, is with legislators who decide on the fine.
If you receive a ticket, and you know you did it, and you are not angry about the ticket until you get to court, or you receive a courtesy notice in the mail and find out that the fine is more than you thought it was going to be, then your beef is with the legislation, not with the cop. These other folks who think the officer was rude, or acted out of hand, they simply need to take it up with the agency, and the agencies take those complaints seriously. As for you, who lashes out at people who say it like it is, the bottom line is, if you don't wield your 2,000 pound weapon (cause that's what you turn your car into when you speed) then you don't have to worry about tickets, and it's a moot point.
I could get on here and berate you like you have done to me, but I am above that, just as I am above griping about a citation when I know I broke the law. If you read ALL of my responses on this page, you know that I also help people. I work in law, so I know a little bit more than the average person about traffic infractions. Regroup, form a valid argument, and stop being part of the problem, be part of the solution or life will pass you by while you are being bitter.
I think as the same way the
I think as the same way the COP should go to fight or catch the CRIMINALS and GANGSTER instead park your BLACK & WHITE car and sitting on road side and waiting try to catch some GOOD CITIZEN to make a little mistake. All our taxes pay these guys to catch the CRIMINAL, MURDER and the RAPISTS. You should know One woman get RAPES every 2 minutes in United State, people get MURDERS or KILL 1 person every 30 minutes that we hiring them to clean it up and help the woman not to get RAPE or get KILL but they did not do they JOB. We as the CITIZEN of UNITED STATE pay these COP from $20 to $30 DOLLARS per hours to sit in the doing nothing. Some of them is very LAZY. They use two COP parks the BLACK & WHITE car and chat with each others waiting for someone to make a little mistake and give them a TICKET I think is very wrong for those COP.
DO YOU KNOW HOW MUCH EACH DAY OUR TAXES MONEY PAID OUT TO THESE LAZY COP??????
DO YOUR CALCULATION:
HIS LABOR AVERAGE $25.00 PER HOUR
HE WORK OR SITTING IN BLACK & WHITE CAR FOR 10 HOURS
THEY USE TWO COP SO TOTAL $500.00 DOLLARS FOR TWO COP PER DAY AND PLUS GAS ON THE CAR HE OR SHE DRIVING TWO CARS
I believe those COP do MAKE MISTAKE too when they do who will give them a CITATION.
I think we should have a new law US CITIZEN can give a ticket to the COP when they make mistake don't tell me they never did.
GOD SAID the people never make mistake they are not a HUMAN only the animal never make mistake.
TO ALL GOOD DRIVER CITIZEN IN
TO ALL GOOD DRIVER CITIZEN IN CALIFORNIA TO BEAT ALL COP GIVE OUT TICKET
Only way to help each other not give your money away to the city in UNITED STATE
We should PRACTICE how to beat the CITY COP & CHIP not to give out TICKET to all good
Driver CITIZEN.
1. When you see the COP OR CHIP parking on the road side waiting for someone to make little
Mistake and give them a ticket.
WHEN YOU PASS BY THE COP OR CHIP BLINK YOUR HEAD LIGHT 3 TIMES TO LET OTHER
DRIVER ON THE OPPOSITE SIDE KNOW IT MEANS COP OR CHIP AROUND THE AREA BY BLINK
YOUR HEAD LIGHT WE HELPPING ALL DRIVER NOT TO GET THE TICKET.
WE ALL GOOD DRIVER CITIZEN IN CALIFORNIA SHOULD USE THIS PRACTICE TO HELP ALL OF US
PLEASE SEND MESSAGE AROUND OR WORD THEM OUT TO ALL PEOPLE IN CALIFORNIA AND
OTHERS STATE TOO
Blinking lights
There is nothing wrong with blinking your lights, so long as you don't use your high beams. The problem you are going to have with that is, when you blink your headlights, the person you are blinking them at has no idea why you are doing it, not having visited this small website, and they will most likely believe that you are telling them to dim their high beams, in which case they will blink their high beams. This is a separate offense, and is a moving violation, which means a point on your record. This means instead of helping these people, you blink your lights, they flash their high beams, and the officer sees them because they are heading towards the officer, and the officer pulls them over for a violation of California Vehicle Code 24409, Failure to dim high beams within 300 feet of an approaching vehicle.
Oh, and maybe you should have someone help you write your rants if English is not your first language. Also, all capital letters means you are yelling what you are saying when you are typing it on a blog or forum. Don't know if you knew that or not, but yeah.
It all makes sense now Chris
It all makes sense now! Your entire family is in law enforcement but you couldn't make the cut so because you are a loser and have a little knowledge you feel you can go around blasting people for being "criminals"!!! I got it!! Get a life, get a REAL job and go away. All of this "knowledge" you have should be put towards something really useful like REAL CRIMINALS like rapists, murderers, drug dealers, and thieves and not on citizens who make minor mistakes. If it was such a CRIMINAL ACT I think it would not be such a minor INFRACTION and possibly a felony.....the state is in financial peril and have to get money somehow. If the state just dings us a little bit more than necassary nobody is really going to take the time out of their lives to fight it because that would cost us more money, so they get away with it...its called ROBBERY...legal as it may be!!
Again....GOD BLESS YOUR JUDGEMENTAL SOUL!!!!
I think as the same some COP
I think as the same some COP should go to fight with CRIMINALS and GANGSTER instead park your BLACK & WHITE car and sitting on road side try to catch some CITIZEN to make a little mistake. All our taxes pay these guys to catch the CRIMINAL, MURDER and the RAPISTS. One woman get RAPES every 2 minutes in United State, people get MURDERS 1 person every 30 minutes that we hiring them but they did not do they JOB. Some of the is to LAZY did not two COP park the BLACK & WHITE and chat to each others waiting for someone to make a little mistake and give them a TICKET I think is very wrong for those COP.
I don't believe those COP do MAKE MISTAKE too, don't tell they never did. GOD SAID the people never make mistake, they are not a HUMAN only the animal never make mistake.
Ignorant
Your ignorance knows no bounds. If you even knew half of what you were talking about, you would know that vehicle collisions account for 8 times the amount of deaths as murders, robbers, heart attacks, and all of the types of cancer in the world. I would challenge you to accompany an officer, this officer that you pay to handle only what you call "the serious stuff" when they go to tell not just one mother and father, but two sets of parents, a wife, a husband, that their loved one died because some idiot was wielding a 2 ton weapon down the highway, and didn't think it was important that he follow the simple laws of the road. Maybe he was texting, maybe he didn't feel like stopping for that stop sign because, what the hell, it's only an infraction, and all the cops are out dealing with "real" crime, right?
So when you get on this forum and show your ignorance, you idiotic moron, about something you know nothing about, because you like to run a stop sign, or speed a little bit, increasing your perception and reaction time to any unexpected emergency, you only show people that you have no clue.
4215 people died in a California car crash in 2003. Car crashes cost the state of California 20.655 billion dollars in 2000. Alcohol was involved in more than 3 out of 10 of California's car crash deaths. Also, speed was a factor in 36% of California car crash deaths, costing the state 3,691 million dollars in 2000.
That "little mistake" costs lives every day. I'm not saying I am perfect, nobody is. All I am saying is don't be an idiot and classify one of the top ten causes of death IN THE WORLD as something trivial. I won't even begin to address your literacy issues. Hopefully you are motivated by nerd-rage anger at this affront to what amounted to a pile of ramblings by a seemingly inept 12 year old, and you check into my numbers I quoted you. It's public record.
Your rant
Self explanatory at this point. Your nonsensical whimpering is just humorous at this point. Do you have a valid argument, or are you going to keep hiding behind religion bending the facts into your own truth about the law? Oh, and didn't you try to make a point about 5 posts ago that I have nothing better to do than post on here? How many replies does this make for you? Someone is calling the kettle black.
why in the world would you mention BTK
What is YOUR DEAL? Kill groupie?
JUST S T O P USING YOUR PHONE without a bluetooth!
I drive 350 miles a week and ALL OF YOU FOOLS who are talking, are BAD DRIVERS. I'm sick of getting cut off, stuck behind, and passed too close by, FOOLS on their cell phones! Texting, talking, JUST HANG UP AND DRIVE! thank you
Car Insurance
I have been driving and talking on my cell phone for over 15 years and I have never once had a accident, or near accident, while doing so. So what is the difference if the phone is next to my ear or sitting in my lap.
WHY DONT WE JUST NOT USE THEM?
Why dont we just not use cell phones in the car PERIOD! Dont complain about, "ooh this cop is a jerk and shouldnt be giving me a ticket for what a stupid law." Shouldnt we all know that the cops are stepping up and are going to pull over more people? EVEN IF YOU WERENT USING YOUR CELL PHONE, it certainly could seem like you were. I'm not taking either side, but im saying that cops can sometimes take their "power" a little too far, but that law actually is a great one. I for one wouldnt want to be hit by a person texting or even making a call in the car! Now take the ticket and keep it as a lesson to teach you one thing, DONT EVEN COME CLOSE TO A CELL PHONE WHILE IN THE CAR.
I do agree there are some
I do agree there are some crappy drivers that have unfortunately have harmed others but the use of the cell phone isn't the only source of this. It's more that many drivers shouldn't be driving at all. I had a friend who had trouble speaking to occupants in the car while driving. I've seen senior citizens driving horrible and they don't even know what a cell phone is. I'm sure there's been accidents with people with a cheeseburger in their hands.
I say driving tests should be much more stricter on their tests.
yep! I totally agree, there
yep! I totally agree, there are so many drivers that can't drive period, it can't always be blamed on using the phone. So many drivers are oblivious to what's going on around them, have bad judgment w/ merging...it would be awesome if cops would fine them. I just got my first ticket for looking at a txt that was sent while at a stop sign where an officer was waiting on a side street waiting for people like me, he said the ticket would be $40 and it's $156 so I thought I'd research the fines...what a bummer!!
i agree:)
you got my vote:) i agree 100 fucking percent!
Cell Phone Use Ticket --- $$$ another state revenue source!
I just paid the new California rate---1st time ticket $156.00!
show on record?
if you just pay the bail amount ( $156 ) rather than traffic school ( $206 ), does it show on your record? does it increase the cost of your insurance? I am also a first time offender.
CAN YOU FIGHT THIS IS IF YOU
CAN YOU FIGHT THIS IS IF YOU WERE NOT TEXTING? I WAS HOLDING MIND IN MY HAND AS MY HANDS WERE ON THE STEERING WHEEL AND I WAS USING IT FOR GPS. I WAS GLANCING DOWN AT IT EVERY ONCE AND A WHILE TO SEE WHERE I WAS GOING NOT TEXTING. THANKS.
Texting
You violated the B section. Texting while driving, same fine.
JUST S T O P USING YOUR PHONE without a bluetooth!
I drive 350 miles a week and ALL OF YOU FOOLS who are talking, are BAD DRIVERS. I'm sick of getting cut off, stuck behind, and passed too close by, FOOLS on their cell phones! Texting, talking, JUST HANG UP AND DRIVE! thank you
The OP stated he was using it
The OP stated he was using it as GPS for directions not for texting. If he had a old school Thomas Guide map in his hands he would be even more distracted as you would have to stare at the tiny lines on the page. Is that any better?
Me too. I called the court
Me too. I called the court to verify the bail amount and asked why the officer (and DMV website) told me it was $20 for the first offense and then sent me a bill for $156. Turns out that the $20 is the "base" fine / fee. Then they add state, county, DNA, EMS and court fees; and some random surcharge. Then they add a court security fee of $40 and a conviction assessment of $35. I guess it's a good way of getting you not to talk on your cell while driving.
Police logo
Nobody knows that police logo changed to "SERVE AND COLLECT"
Took Pic with Cell - Surly Officer gave me 2 tkts!
I was at a red light..trying to see what all the commotion was about, cops, ambulance, etc. I got my phone pointed it towards that direction and clicked as light changed. Put phone down and proceeded and a few mins later State Trooper appears behind me - lights on. I was thinking, 'What ???" He comes up to my window and i said "Yes?" and he says I saw you take that picture and it was an accident scene and you act like you have no idea why i pulled you over!' He was PISSED. I was surprised at his intense reaction but apologized that I just took it without looking. Wanted to see who was responding to the call. He said "Oh well don't you want to SAVE the picture then?" (in a snotty tone) I told him the phone automatically saves pics. He left and came back with 2 citations, not 1. The first was for 'driving with a handheld device' The second was 'Distracted Driving'. He never mentioned the Distracted Driving until he handed me the ticket. It felt as though he was teaching me a lesson. I have NOTHING on my driving record btw.
I asked if i could contest the ticket(s) and he "Sure - I'll be there" and walked away snickering!! His whole attitude was demeaning almost challenging. I was polite and in return he was intimidating. When I looked at his nameplate he "barked" his name to me. It really irked me then and still does, so Im going to court to fight the ticket(s) but don't want to seem 'whiny' by mentioned the officer's poor demeanor. Any suggestions? : )
I think as the same way the
I think as the same way the COP should go to fight or catch the CRIMINALS and GANGSTER instead park your BLACK & WHITE car and sitting on road side and waiting try to catch some GOOD CITIZEN to make a little mistake. All our taxes pay these guys to catch the CRIMINAL, MURDER and the RAPISTS. You should know One woman get RAPES every 2 minutes in United State, people get MURDERS or KILL 1 person every 30 minutes that we hiring them to clean it up and help the woman not to get RAPE or get KILL but they did not do they JOB. We as the CITIZEN of UNITED STATE pay these COP from $20 to $30 DOLLARS per hours to sit in the doing nothing. Some of them is very LAZY. They use two COP parks the BLACK & WHITE car and chat with each others waiting for someone to make a little mistake and give them a TICKET I think is very wrong for those COP.
DO YOU KNOW HOW MUCH EACH DAY OUR TAXES MONEY PAID OUT TO THESE LAZY COP??????
DO YOUR CALCULATION:
HIS LABOR AVERAGE $25.00 PER HOUR
HE WORK OR SITTING IN BLACK & WHITE CAR FOR 10 HOURS
THEY USE TWO COP SO TOTAL $500.00 DOLLARS FOR TWO COP PER DAY AND PLUS GAS ON THE CAR HE OR SHE DRIVING TWO CARS
I believe those COP do MAKE MISTAKE too when they do who will give them a CITATION.
I think we should have a new law US CITIZEN can give a ticket to the COP when they make mistake don't tell me they never did.
GOD SAID the people never make mistake they are not a HUMAN only the animal never make mistake.
These officers are here to
These officers are here to protect and serve the public. Not to be a jerk off and use their badge to intimidate. I would definitely fight this and also file a complaint to the department AFTER you get your case dismissed.
good luck.
jerk off
They don't protect or serve sh**. I got a cop just like that guy. Didn't even take his big boy glasses off. Said nothing. I never talk to them cause they forget and don't show up half the time to court. got Peyer?
Separate
You are dealing with two separate issues. The criminal issue and the harassment issue. Just because the officer was a jerk does not mean you did not commit the offense. You need to handle the officer's behavior with the department, not the court. The judge is not going to dismiss your case just because the officer was a jerk. If you come into court and admit guilt, and then start in about how much of a jerk the officer was, you are going to be found guilty, and then you can go file your complaint with the agency.
WOW!
Okay thats kinda reasonable to get a ticket, but come on, EVERYONE does it. Besides the cop doesn't have to be rude to you like that, it was a common mistake that he took the wrong way. Now i dont use my phone for driving, only if i have a call. But you said you were at a red light, so how is that distracted driving when you stopped? Thats so irritating. But im sorry, lets hope you win this one. : )
Yeah
Yeah lets hope you win by admitting that you were doing it. Awesome. Take a day off work to go into court to complain about the 150 bucks that you will be losing by taking off work, then pay another 150 for the fine when the judge finds you guilty after you admit guilt. The mentality on this page is just awesome. All that comes to mind is a dog chasing it's tail, and then when it bites it, the dog wonders why it hurts.
OH almost forgot
Oh, and I almost forgot, don't forget to take this guy's advice and tell the judge "Come on judge, everybody does it".
be direct when addressing the judge and
Hi the best way to defend your ticket is to explain that you were at a full and complete stop when you took the picture, you were never on the phone and that the accident caused the officer to be distracted and the officer was under the belief that you were on the phone which was not true and you have the photo to prove it.
This shows the officer was wrong in his assessment and there is no violations of the law that occurred. further you were not distracted from driving as you were at a red light which you were stopped full and completely.
you can mention that the officer was very upset with you and this was surly because of the accident that he just was involved in handling so he was shaken up and not in full capacity to make a proper judgement or assessment of what he thought he saw.
you are allowed to ask the officer questions. like what were you doing prior to pulling me over? Did you see that I was at a full and complete stop at the red light? he has to state yes which makes you look good, if he says no he was unobservant and it can be used against his powers of observation and determination of the situation, etc, make them few and very relevant to your situation.
Do not speak with the officer just address the judge as "your Honor" or "Honorable insert his/her name here" and ask him all your questions relevant to your situation.
remind the court that you had no intention of committing a crime and that you are under the belief that the law does not prohibit you from using your phone for pictures while at a red light or at a full and complete stop.
TO ALL GOOD DRIVER CITIZEN IN
TO ALL GOOD DRIVER CITIZEN IN CALIFORNIA TO BEAT ALL COP GIVE OUT TICKET
Only way to help each other not give your money away to the city in UNITED STATE
We should PRACTICE how to beat the CITY COP & CHIP not to give out TICKET to all good
Driver CITIZEN.
1. When you see the COP OR CHIP parking on the road side waiting for someone to make little
Mistake and give them a ticket.
WHEN YOU PASS BY THE COP OR CHIP BLINK YOUR HEAD LIGHT 3 TIMES TO LET OTHER
DRIVER ON THE OPPOSITE SIDE KNOW IT MEANS COP OR CHIP AROUND THE AREA BY BLINK
YOUR HEAD LIGHT WE HELPING ALL DRIVER NOT TO GET THE TICKET.
WE ALL GOOD DRIVER CITIZEN IN CALIFORNIA SHOULD USE THIS PRACTICE TO HELP ALL OF US
PLEASE SEND MESSAGE AROUND OR WORD THEM OUT TO ALL PEOPLE IN CALIFORNIA AND
OTHERS STATE TOO
nonsense
Your best bet is to call your cell phone company and get a sealed copy of your cell phone records for the date and time in question, and let the judge open it when you get to court. This will prove that you were not using your cell phone for anything except taking photos, which is not a violation under this code.
I think as the same way the
I think as the same way the COP should go to fight or catch the CRIMINALS and GANGSTER instead park your BLACK & WHITE car and sitting on road side and waiting try to catch some GOOD CITIZEN to make a little mistake. All our taxes pay these guys to catch the CRIMINAL, MURDER and the RAPISTS. You should know One woman get RAPES every 2 minutes in United State, people get MURDERS or KILL 1 person every 30 minutes that we hiring them to clean it up and help the woman not to get RAPE or get KILL but they did not do they JOB. We as the CITIZEN of UNITED STATE pay these COP from $20 to $30 DOLLARS per hours to sit in the doing nothing. Some of them is very LAZY. They use two COP parks the BLACK & WHITE car and chat with each others waiting for someone to make a little mistake and give them a TICKET I think is very wrong for those COP.
DO YOU KNOW HOW MUCH EACH DAY OUR TAXES MONEY PAID OUT TO THESE LAZY COP??????
DO YOUR CALCULATION:
HIS LABOR AVERAGE $25.00 PER HOUR
HE WORK OR SITTING IN BLACK & WHITE CAR FOR 10 HOURS
THEY USE TWO COP SO TOTAL $500.00 DOLLARS FOR TWO COP PER DAY AND PLUS GAS ON THE CAR HE OR SHE DRIVING TWO CARS
I believe those COP do MAKE MISTAKE too when they do who will give them a CITATION.
I think we should have a new law US CITIZEN can give a ticket to the COP when they make mistake don't tell me they never did.
GOD SAID the people never make mistake they are not a HUMAN only the animal never make mistake.
http://hubpages.com/hub/Puritan-Financial-Group
Officers can pull over drivers under the age of 18 for driving while using a handheld cell phone.
cellphone ticket
i want to inquire about the fee of using cellphone while driving, i thought it's only $20 for first offense, how come when we received the bill, it was $146?
$149 citation for talking on phone
Did you get an answer? The same thing happened to me. My bail was $149. The law says $20 first offense. How can these fees be increase when the law does not say anything about adjustments?
$146 fine?
The same thing happened to me. Our fine is $146 + $10 public e-access fee. Why?
Very Stupid Law
We all need to wake up and get this dumb-ass law repealed. Not a single person has yet mentioned the fact that the BLUETOOTH manufacturers and the politicians are laughing all the way to the bank! This idiotic law was designed to put a huge amount of revenue in both the manufactures pockets as well as the State's coffers and politicians pockets. Bluetooth manufacturers are behind the lobbying effort to get Sen. Joe Simitian, D-Palo Alto, to push through the cell phone and text messaging legislation, giving this reason for the legislation:
“We have had far too many tragic incidents around the country that are painful proof that this is a terrible problem,” the state senator said. California Gov. Arnold Schwarzenegger signed the Simitian anti-text messaging bill SB 28 on Sept. 25.
Well, guess what? The latest traffic studies show that there has been ZERO change since the laws went into effect. Why? Because legislating human behavior will NEVER WORK!
THIS IS A STUPID LAW DESIGNED TO DO NOTHING BUT MAKE RICH ASSHOLES RICHER AND IT NEEDS TO BE REPEALED.
It's NOT a stupid law. It's
It's NOT a stupid law. It's just implemented poorly and allows cops to bust the innocent as well as the guilty. They need to have photographic proof to back up their claims. The reason it's a good law is that TEXTING while driving takes the texter's eyes off the road for long periods of time, making it a highly dangerous behavior which endangers the lives of those around them. My feeling is that those caught texting while driving should have the SAME penalty as those caught with above the legal limit of alcohol in their blood. BUT, it must be proven in court beyond a shadow of a doubt, as the law requires.
When has it become illegal to scratch your face while driving.
Today i was driving to work as i usually do around 11 am, and on the way there is a street where the motorcycle police stand and watch for people talking on their phone, and everyday i pass by there i always see someone pulled over or them standing there to pull someone over, so as i was passing by and i was scratching my left side of the face with my left hand, and the cop was just pulling up behind the bushes to stop on my right, when he saw me he then turns his lights on and went after me. He tells me i was talking on my phone, and i told him my ohone is in the center council and if you want you can check my call log i have not made a call since ten am thats when i was still home, he tells me that he wouldnt pull me over for no reason, and then write me a ticket....................WOW...
i was pissed off i am going to have my phone company print me a copy of all my calls made that day and show to them that during the time he pulled me over i have not toched my phoen for over an hour...
I think as the same way the
I think as the same way the COP should go to fight or catch the CRIMINALS and GANGSTER instead park your BLACK & WHITE car and sitting on road side and waiting try to catch some GOOD CITIZEN to make a little mistake. All our taxes pay these guys to catch the CRIMINAL, MURDER and the RAPISTS. You should know One woman get RAPES every 2 minutes in United State, people get MURDERS or KILL 1 person every 30 minutes that we hiring them to clean it up and help the woman not to get RAPE or get KILL but they did not do they JOB. We as the CITIZEN of UNITED STATE pay these COP from $20 to $30 DOLLARS per hours to sit in the doing nothing. Some of them is very LAZY. They use two COP parks the BLACK & WHITE car and chat with each others waiting for someone to make a little mistake and give them a TICKET I think is very wrong for those COP.
DO YOU KNOW HOW MUCH EACH DAY OUR TAXES MONEY PAID OUT TO THESE LAZY COP??????
DO YOUR CALCULATION:
HIS LABOR AVERAGE $25.00 PER HOUR
HE WORK OR SITTING IN BLACK & WHITE CAR FOR 10 HOURS
THEY USE TWO COP SO TOTAL $500.00 DOLLARS FOR TWO COP PER DAY AND PLUS GAS ON THE CAR HE OR SHE DRIVING TWO CARS
I believe those COP do MAKE MISTAKE too when they do who will give them a CITATION.
I think we should have a new law US CITIZEN can give a ticket to the COP when they make mistake don't tell me they never did.
GOD SAID the people never make mistake they are not a HUMAN only the animal never make mistake.
I had similiar situation.
I had similiar situation. There is often a police officer who sits a couple blocks from my house. As I turned the corner, I took off my sunglasses (which had a smudge) with my left hand. I looked down when I placed them in my lap, and bam! the lights went on and the cop was already behind me. He accused me of talking on my cellphone, which was next to my bag on the passenger seat. I handed him my phone so he could check my call log and I let him know I hadn't called/texted in a few hours - he also asked if I had deleted any recent calls. I even showed him the smudge on my sunglasses. After upsetting me with his repetitive accusations, he said he would give me "the benefit of the doubt." Then he had the nerve to say, "Do you have any questions? ...Okay. Drive safely."
Sorry to hear that this happened to you. I hope that your appeal goes through.
ticket
I just got a ticket for this i had my phone on speaker!!!...the officer asked me wat is the difference btwn holding the phone to my ear and having it on my hand?....I replied sir I do not drive with two hands that is why i am holding it up...he didnt care....one more reason to why i hate california...oh just to throw it out there i am in the military and i was in uniform that shows how much california cares for those that serve...
I think as the same way the
I think as the same way the COP should go to fight or catch the CRIMINALS and GANGSTER instead park your BLACK & WHITE car and sitting on road side and waiting try to catch some GOOD CITIZEN to make a little mistake. All our taxes pay these guys to catch the CRIMINAL, MURDER and the RAPISTS. You should know One woman get RAPES every 2 minutes in United State, people get MURDERS or KILL 1 person every 30 minutes that we hiring them to clean it up and help the woman not to get RAPE or get KILL but they did not do they JOB. We as the CITIZEN of UNITED STATE pay these COP from $20 to $30 DOLLARS per hours to sit in the doing nothing. Some of them is very LAZY. They use two COP parks the BLACK & WHITE car and chat with each others waiting for someone to make a little mistake and give them a TICKET I think is very wrong for those COP.
DO YOU KNOW HOW MUCH EACH DAY OUR TAXES MONEY PAID OUT TO THESE LAZY COP??????
DO YOUR CALCULATION:
HIS LABOR AVERAGE $25.00 PER HOUR
HE WORK OR SITTING IN BLACK & WHITE CAR FOR 10 HOURS
THEY USE TWO COP SO TOTAL $500.00 DOLLARS FOR TWO COP PER DAY AND PLUS GAS ON THE CAR HE OR SHE DRIVING TWO CARS
I believe those COP do MAKE MISTAKE too when they do who will give them a CITATION.
I think we should have a new law US CITIZEN can give a ticket to the COP when they make mistake don't tell me they never did.
GOD SAID the people never make mistake they are not a HUMAN only the animal never make mistake.
talking on Cell phone tickets
That is the lowest I have heard yet. What an ass. The cop could have given you a warning about the law in California and then thanked you for risking YOUR life in combat. I guess we shouldn't presume a cop would feel some type of connection to another Government official who risks their lives for the people of this country, like he does.
What a disgrace!!!
I am sorry you were treated that way. Cops just SUCK in California. They act like they are entitled to everything and everyone else should pay out the butt.
I say we have a protest day
I say we have a protest day where nobody has a cell phone in the car but have some sort of food that looks like a cell phone. When they pull you over for it you just start eating it. There's no law saying you MUST have your hands free of everything.
what we can do
I think that we should ask our city council representatives to pass a proposal to demand more education for the cops at least check their background better before they are hired because the majority have a very poor edcation thats why the uniform makes the feel and act the way they act.
I guess you guys are all right
cops only act gently and courtious when they call asking for money for their programs well lets be nice not all of them are assholes.
Hands free or hands free...
OK so I got a ticket using a speaker phone..what the difference if I had a CB radio...truck drivers use it all the time...
cell phone violation
It's a 2 way street, I have seen cops ignore state, county or city workers using their cell phones while at work and driving a company truck. I was pulled over by bicycle cops as I inched may way down a one way street.
HAND FREE
NEW FREEWAY SIGN " HAND FREE OR HAND THE FEE"
I think as the same way the
I think as the same way the COP should go to fight or catch the CRIMINALS and GANGSTER instead park your BLACK & WHITE car and sitting on road side and waiting try to catch some GOOD CITIZEN to make a little mistake. All our taxes pay these guys to catch the CRIMINAL, MURDER and the RAPISTS. You should know One woman get RAPES every 2 minutes in United State, people get MURDERS or KILL 1 person every 30 minutes that we hiring them to clean it up and help the woman not to get RAPE or get KILL but they did not do they JOB. We as the CITIZEN of UNITED STATE pay these COP from $20 to $30 DOLLARS per hours to sit in the doing nothing. Some of them is very LAZY. They use two COP parks the BLACK & WHITE car and chat with each others waiting for someone to make a little mistake and give them a TICKET I think is very wrong for those COP.
DO YOU KNOW HOW MUCH EACH DAY OUR TAXES MONEY PAID OUT TO THESE LAZY COP??????
DO YOUR CALCULATION:
HIS LABOR AVERAGE $25.00 PER HOUR
HE WORK OR SITTING IN BLACK & WHITE CAR FOR 10 HOURS
THEY USE TWO COP SO TOTAL $500.00 DOLLARS FOR TWO COP PER DAY AND PLUS GAS ON THE CAR HE OR SHE DRIVING TWO CARS
I believe those COP do MAKE MISTAKE too when they do who will give them a CITATION.
I think we should have a new law US CITIZEN can give a ticket to the COP when they make mistake don't tell me they never did.
GOD SAID the people never make mistake they are not a HUMAN only the animal never make mistake.
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