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Thursday, April 11, 2013

Cell phones and cars!

California (like most states) has a "hands-free" law that prohibits the use of cell phones in your car.  Yesterday I got a ticket because I had the cell phone IN MY HAND (NOT ON) while I reached for the charger. The cop told me that I couldn't have it in my hand, whether I was using it or not.  He knew I wasn't talking or texting (which I must admit that I have done from time to time).  He said the law prohibited holding it.

Being the lawyer that I am, I immediately went to the California Vehicle Code to read the law.  It says you can't drive "while using" a cell phone.  Personally I think that's interpreting the law a bit broadly.  I figured they're trying to generate more income. I mean, he could've given me a warning, don't ya think?

Now, wouldn't you call this ANNOYING??!!!??

Love to you all,
Randy, getting ready for Nana Day and a weekend with the darling Emma and Ryan.

12 comments:

  1. Yes Randy...that is very annoying!!! Will you contest the ticket??? I sure would! But I'm sure you will not be holding it again...and I won't either. Our town has no texting, but I'll try not to even hold it. If I am talking on the phone, I attach it to my seat belt...no hands~ ♥♥♥

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  2. Yes, definitely annoying. Sounds like he was waiting and watching for you. Enjoy your Nana Day.

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  3. If you read some of the cell phone laws, you cannot use your phone if you need to push more than one button. That's where the holding the phone comes into play. We have the nextel push to talk at work and that is considered illegal. I work in trucking, the cb is still allowed. Fines for being on the phone can be up to $2750 to the driver and up to $11,000 to the company. In BC they are trying to pass a law where the police can seize you phone. Apparently the compliance rate is terrible on this, I see them everyday on the phone, driving on the I-5, going 75 mph.......

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  4. Thanks for the heads up.....we are driving through CA next week!

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  5. I'd be seeing them in court! Like you, I would have been all over the code like a duck on a Junebug looking at the law. Seriously? A ticket instead of a warning?? Especially when you weren't TALKING but trying to plug the phone in to use it hands-free? He must have gotten up on the wrong side of the bed .... GRRRRRRRR!!

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  6. I understand why the law in needed... my DH was hit by a guy talking on his cell phone (holding it) went into a skid and never put the phone down even after the collision.
    Yes that ticket is annoying!!! It does seem like it is stretching the law a bit.

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  7. I am such a bad offender of that law! I don't text...but I do call. And I have a hands free mike and earphone which I REALLY SHOULD use!!!. But I just never get organized enough with it before I head off. So sorry for your ticket.

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  8. I would contest the ticket. My late husband was a 30 year cop and he would have said the same thing. Take your cell phone records in to show that you were not "USING" the cell phone at the time, and thus not in violation of the statute.

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  9. Very annoying, I think he just saw his chance to meet his quota of ticket writing for April. I drove from Maryland to North Carolina yesterday and I can tell you cars and trucks are wandering all over the roads with phone calls, texting and general driver diversions.

    Have a super Nana day!

    Happy Spring

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  10. Wow, are you going to contest it? You checked and the law does not state that holding it is illegal .
    I will be interested in the follow up, and good luck!

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  11. OMG...you! the queen of no texting and driving! You, who have given myself, Ben, Mark, Debbie, Pat, Lori, Claire, the neighbor, the mailman, the kid on the block lectures about no cell phone usage and driving! (have to admit, there is a smirk on my face!) love...

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