Talking on phone ticket -_-
06-10-09, 07:44 PM
#16
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i got one recently in brea and it was 135 or something. im fighting it though, my case is a pretty good one, ill let you know how it goes
and yes, its only a fine, not a moving violation so no points on your record
and yes, its only a fine, not a moving violation so no points on your record
06-11-09, 12:15 AM
#17
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Um.... I don't get it, I work for the Pasadena PD, Your fighting something you clearly violate, most of the officers at my department won't pull you over for it unless your doing something along with it. But if your cited for it, and you were obviously doing it, then why fight it?
06-11-09, 12:30 AM
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Um.... I don't get it, I work for the Pasadena PD, Your fighting something you clearly violate, most of the officers at my department won't pull you over for it unless your doing something along with it. But if your cited for it, and you were obviously doing it, then why fight it?
the cvc he cited me for says something like, if you are using a mobile device while driving, you must use a hands-free device WHICH I WAS. i wasnt violating anything, he was a **** cop. besides, i have nothing to lose in fighting it.
06-11-09, 12:38 AM
#19
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i was using my bluetooth, it was in my ear and my iphone was in my left hand because i just picked it up to see who was calling me. i clearly told him this and he said "you cant hold your phone in your hand." even though i was still using my bluetooth THIS IS WHY I AM FIGHTING IT
the cvc he cited me for says something like, if you are using a mobile device while driving, you must use a hands-free device WHICH I WAS. i wasnt violating anything, he was a **** cop. besides, i have nothing to lose in fighting it.
the cvc he cited me for says something like, if you are using a mobile device while driving, you must use a hands-free device WHICH I WAS. i wasnt violating anything, he was a **** cop. besides, i have nothing to lose in fighting it.
06-11-09, 12:44 AM
#20
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Good luck, I don't mean to tell you your right or wrong and in no way am i supporting or refuting your claim. This is what the officer most likely saw; you were looking at your phone rather then the road, cvc 23123(a) states that "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.", you may have had blue tooth in your ear, but you still were looking at your cell phone and not looking at the road. CVC 23123.5 has to do with text messaging.
Personally I've cited a few people for 23123(A) because they clearly were not using a hands free device. Pretty funny when you come up next to them and they try to slowly put the phone down. You may have had blue tooth, you still had the phone in your hand, good luck on fighting it, maybe you'll get a lenient judge who won't focus on the letter of the law.
Personally I've cited a few people for 23123(A) because they clearly were not using a hands free device. Pretty funny when you come up next to them and they try to slowly put the phone down. You may have had blue tooth, you still had the phone in your hand, good luck on fighting it, maybe you'll get a lenient judge who won't focus on the letter of the law.
06-11-09, 08:42 AM
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Good luck, I don't mean to tell you your right or wrong and in no way am i supporting or refuting your claim. This is what the officer most likely saw; you were looking at your phone rather then the road, cvc 23123(a) states that "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.", you may have had blue tooth in your ear, but you still were looking at your cell phone and not looking at the road. CVC 23123.5 has to do with text messaging.
Personally I've cited a few people for 23123(A) because they clearly were not using a hands free device. Pretty funny when you come up next to them and they try to slowly put the phone down. You may have had blue tooth, you still had the phone in your hand, good luck on fighting it, maybe you'll get a lenient judge who won't focus on the letter of the law.
Personally I've cited a few people for 23123(A) because they clearly were not using a hands free device. Pretty funny when you come up next to them and they try to slowly put the phone down. You may have had blue tooth, you still had the phone in your hand, good luck on fighting it, maybe you'll get a lenient judge who won't focus on the letter of the law.
HAHA thats pretty funny lol
thanks guys we'll see what happens in court, in addition, he thought i was using speakerphone in which he said "you cant use speakerphone." i was like isnt that hands free? YES.
06-11-09, 11:53 AM
#24
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It is the officers discretion to cite a individual, You don't cite every individual you pull over and using the speaker phone, you still have the cell phone in your hand, it is not a hands free device. Don't get mad that you got caught. I'm not trying to bash or anything, and it sucks to get a ticket, but he has a job to do.
Your looking at about 90 dollars at the end of the ticket which includes the actually fine plus the court costs and fees. You may find a judge whom will dismiss it. All I can say is if you did don't think you violated the cvc then fight it but good luck winning.
06-11-09, 02:31 PM
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actually, if you use your speakerphone with your phone in the cupholder, it IS hands free and thus, that argument is flawed where you can still have speakerphone and be "hands free."
but jason you do bring up a good point about interpretation
anyway, i cant wait to litigate this in court lol i think im more excited about litigating it than actually winning
but jason you do bring up a good point about interpretation
anyway, i cant wait to litigate this in court lol i think im more excited about litigating it than actually winning
06-11-09, 10:22 PM
#27
law enforcement officers should do as their job title describes: enforce the law. leaving it up to them to interpret the law opens the door for personal bias and judgment. how many times in the forums have we heard stories about people being wrongfully or improperly cited? (answer: too many)
my issue is not with the hands-free law, or the law itself (the generic, abstract concept of it). however, my issue is that i'd rather not have police officers pretending to know the law. what they should be doing is protecting and serving the public's interest, not "cite/arrest/shoot first, ask questions later."
by the way, i see you're avoiding my question. when you decide what constitutes "use" as far as the hands-free law is concerned, let me know.
my issue is not with the hands-free law, or the law itself (the generic, abstract concept of it). however, my issue is that i'd rather not have police officers pretending to know the law. what they should be doing is protecting and serving the public's interest, not "cite/arrest/shoot first, ask questions later."
by the way, i see you're avoiding my question. when you decide what constitutes "use" as far as the hands-free law is concerned, let me know.
06-12-09, 11:06 AM
#29
IS250HuNnY,
The judge is going to recite the same CVC code nwhuey posted.
The he is going to ask you if you understand what handsfree means.
You will say "Yes your honor".
He will then then ask you what part of holding a phone regardless of use, falls under the realm of handsfree.
Bottom line, were your hands free, meaning devoid of a cell phone?
You will say one was, and one was holding the phone.
He will then say, so you had one had holding the phone, how is that hands free.
You will then tell him you were checking a caller ID.
He will say where was the phone at that time.
You will say in your hand.
He will then inform the bailiff to show you to the window to pay your fine.
If you try to bring up the word interpretation, he will throw it right back at you in frustration for wasting his/her time due to you interpreting the law in your own terms as to what handsfree really means.
Bring up speakerphone, and he will ask how it relates to this court.
You will start to explain how this is that, and that is this, he will interrupt you with that is irrelevant to the citation at hand, and to please move aside, and pay your fine.
The officers in the court will get a good chuckle at least.
The judge is going to recite the same CVC code nwhuey posted.
The he is going to ask you if you understand what handsfree means.
You will say "Yes your honor".
He will then then ask you what part of holding a phone regardless of use, falls under the realm of handsfree.
Bottom line, were your hands free, meaning devoid of a cell phone?
You will say one was, and one was holding the phone.
He will then say, so you had one had holding the phone, how is that hands free.
You will then tell him you were checking a caller ID.
He will say where was the phone at that time.
You will say in your hand.
He will then inform the bailiff to show you to the window to pay your fine.
If you try to bring up the word interpretation, he will throw it right back at you in frustration for wasting his/her time due to you interpreting the law in your own terms as to what handsfree really means.
Bring up speakerphone, and he will ask how it relates to this court.
You will start to explain how this is that, and that is this, he will interrupt you with that is irrelevant to the citation at hand, and to please move aside, and pay your fine.
The officers in the court will get a good chuckle at least.
