Thank you for your question.
Please permit me to assist you with your concerns.
Were you seen handling the phone while ticketed?
what specific code were you cited under? I ask so I can look up the code and read the definition--thank you!
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.
this was in ca ,, ticket 23123 (a)
one moment, please, looking up the code
okay thank you
This is the language under that section:
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.
Notice that it does not say 'texting', it says 'using'
that means that if you were uploading a map, or looking at it, that is technically 'use' of the phone.
okay, so then what about not driving and being at a complete stop at a red light?
Here is the full statute: http://www.dmv.ca.gov/pubs/vctop/d11/vc23123.htm
That does not matter--if you were 'operating' a vehicle, which also means while you are a red light, you cannot use the phone
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.
hmmm... okay, then it isnt worth asking for a change of venue and trying to fight it. thank you
I am sorry about that, truly--this is why I wanted to find the exact language so you can review it for yourself.
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
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!
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
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
Good luck to you!
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