Tuesday, May 31, 2011

I got an unfair cell phone ticket (California)?

I got pulled over and the CHP officer gave me a ticket for texting while driving. But I wasn't texting, I was just going through my phone and changing display settings and setting up call forwarding and stuff. I tried to explain this to him (I even offered to show him my Sent Items so he could see I didn't actually send a text) and he didn't listen. How can I appeal the ticket?I got an unfair cell phone ticket (California)?
You are guilty--pay the fine.*I got an unfair cell phone ticket (California)?
The rule is cell phone use. Period. It's not talking on the phone or texting on the phone. It's a rule that encompasses cell phones overall. The use of a cell phone while being the driver is prohibited. It's not an unfair cell phone ticket. You just admitted to being on your phone changing the settings, setting up call forwarding etc. All of that requires hand eye coordination to see the screen and to hit the necessary buttons. You're busted. Pay up.
You aren;t supposed to be using your cell phone at all while driving, that is why they set up the ';hands free'; systems.

Although my own personal opinion, after driving interstate 5 last week and seeing 20 CHP on a road you can usually go 100 all the way from Sacremento to LA tells me that the CHP isn;t worried about upholding the law right now.

Both the CHP and the city and state police are writing tickets....generating revenue for the state.....It is an all out blitz by the CHP, and police to write as many tickets as they can.....It hasn't been about Upholding the Law for a while now.....it's all about money....revenue....and they know it.
You couldnt wait to change your background? You know the law, dont use your cell phone while driving. He doesnt care if you were texting, talking, or playing games. You violated the law and got caught.

Youre sol
death penalty

You need to be put to death.

I HATE SCUMBAGS who go 55mph in the fast lane talking on their cell.

I hope they take your license away.
Here's the good news- you have enough room up your a** for your head AND your cellphone.
I think you have a case, but whether it is worth your while to argue about it is another question. Veh C 23123.5 prohibits ';using an electronic device to write, send, or read a text-based communication.'; The statute specifically defines that term as meaning ';to manually communicate with any person using a text-based communication . . . .'; One of the specific exceptions to the law is entering a telephone number into the device.

I think it will be just about impossible to prove a violation of this law, since, contrary to what others here are saying, it is NOT unlawful to use the device unless you are using it to communicate with somebody. How is any officer going to know whether you were using it to communicate or, as you say, to change settings, etc.? In a trial, I would ask the officer one question: ';Do you know whether I was using the device to send or receive a communication to or from another person?'; The answer will obviously be ';no,'; and the charge will not be proven.

However, this is going to cost you only about $141. It is not a point, and has no effect on your license or your insurance. So the question is whether or not the hassle of going to court will be worth it. (If anybody says it will cost MORE if you go to court, they are wrong--$141 is the maximum fine, with small local variations, so the fine cannot change whether you pay it up front or go to court.)

That said, it is stupid and dangerous to be doing ANYTHING with your phone while driving. Setting up programs is probably more distracting and dangerous than texting. I don't think you broke the law, but I think you should not do that any more.

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