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Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 36753
Experience:  Run my own practice.
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i got a cell phone ticket, but was not talking nor texting

Resolved Question:

i got a cell phone ticket, but was not talking nor texting on my cell. I was at a red light and looked at my phone for a current uploaded map to located the hotel I was trying to locate. The vehicle code states not to be making a call nor texting and I informed the officer I was doing neither. I still got a ticket and I want to fight it
Submitted: 8 months ago.
Category: Traffic Law
Expert:  Dimitry K., Esq. replied 8 months ago.

Dimitry K., Esq. :

Thank you for your question.

Dimitry K., Esq. :

Please permit me to assist you with your concerns.

Dimitry K., Esq. :

Were you seen handling the phone while ticketed?

Dimitry K., Esq. :

what specific code were you cited under? I ask so I can look up the code and read the definition--thank you!

Customer:

I was at a red light and the officer drove up next to me and I was holding my phone in my hand and looked at it and then placed it on the seat and then reviewed a printed out copy of my hotel resv.

Customer:

this was in ca ,, ticket 23123 (a)

Dimitry K., Esq. :

one moment, please, looking up the code

Customer:

okay thank you

Dimitry K., Esq. :

This is the language under that section:

Dimitry K., Esq. :

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.

Dimitry K., Esq. :

Notice that it does not say 'texting', it says 'using'

Dimitry K., Esq. :

that means that if you were uploading a map, or looking at it, that is technically 'use' of the phone.

Customer:

okay, so then what about not driving and being at a complete stop at a red light?

Dimitry K., Esq. :

Here is the full statute: http://www.dmv.ca.gov/pubs/vctop/d11/vc23123.htm

Dimitry K., Esq. :

That does not matter--if you were 'operating' a vehicle, which also means while you are a red light, you cannot use the phone

Dimitry K., Esq. :

if you were parked or pulled over, then you are free to use the phone, but stopping in traffic, while it traffic, is till active operation of the vehicle.

Customer:

hmmm... okay, then it isnt worth asking for a change of venue and trying to fight it. thank you

Dimitry K., Esq. :

I am sorry about that, truly--this is why I wanted to find the exact language so you can review it for yourself.

Dimitry K., Esq. :

You can still try to fight it, and possibly do so by pointing out that no texts or calls were made while the phone was with you, but it is a tough argument

Dimitry K., Esq. :

hope that helps and please be well. if satisfied with my service, kindly do not forget to positively rate my answers so I can obtain credit for my work. Thank you!

Customer:

I appreciate it... you hear all the time don't text and drive or you must use a hands free device and since I wasn't making a call nor texting, I thought I was okay to look/review a picture on my phone without it being against the law

Dimitry K., Esq. :

Not the way the law is worded, it appears. If you talk at the phone, that's fine, but looking at it is the actual culprit

Dimitry K., Esq. :

Good luck to you!

Customer:

:)

Customer:

thanks

Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 36753
Experience: Run my own practice.
Dimitry K., Esq. and 4 other Traffic Law Specialists are ready to help you

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