FOR DIMITRI TO RESPOND TO>>>>>My wife and I finally had a chance (before Monday a.m. when I will try and again call the Chula Vista court and ask for a re-hearing date, anyway)....did you have any viewpoint of the statute language I saw regarding the term "driving" and your reference to the term "moving". It would seem to me that is a POSSIBLY a significant technical point cause as the citation acknowledges I was going ZERO m.p.h. clearly I wasn't moving (and can say I had put van in park for those few seconds while I tried to get the Jabra hands free thing to answer the cell phone). Did you have a specific description in the statute that uses the term "moving" or were using that term loosely just for our converstaion purposes...and in effect the term driving and moving really are synonomous terms. I just want to have a decent shot of explaining this away and/or as you said possibly have a better shot at a strong defense if I am or am not in that strong of a position? Incidentally close inspection on the ticket shows a 1 letter typo of my street address in Irvine (Ca) but I suppose that might not mean squat in claiming I never received the mailed San Diego/Chula Vista Court thing covering the citation cost, payment options, etc. The traffic school thing just won't work for me..so i want to avoid that time engagement, distance, and expense. Maybe we're almost done here...so on a technicality of "moving" vs. "driving" phraseology, and the street typo thing...your follow-up thoughts. Again, I can assure you I will cover the nominal fee, but am hoping to get the best judgement relevant to the exact specifics (ay hand) more or less! Regards, XXXX XXXXXXXXX.
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.
Since you were not effectively driving, you have a very plausible argument that states that this statute does not apply, as you were not actively "driving" or "moving" when using the phone.
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