CA cell phone law

Nvidia vnnP31
May 2 14 Comments

I got a ticket recently for picking up my phone to check notifications at a red light. Officer acknowledged I was stopped and wrote said it didn't matter but be wrote 0 mph on the ticket and said I could take it to court if I wanted. Was thinking to, because when I looked it up it was saying it covers texting or talking hand held when moving.

Anyone else had this happen and tried to contest in court or written statement?

For the record, I am against distracted driving and I'm not one of those idiots that can't see the light change to green and need honking to realize it and put down the phone. I always put my phone away when driving.

Maybe this is the price I must pay for the chance for one actually deserving the ticket to be caught?

Edit: link to the violation code:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=23123.5.&lawCode=VEH

I was cited on point a. I had looked it up earlier and I saw some language that excluded stopped vehicles and usage other than texting or driving.. that's why I thought I had a case. Here I don't see such exclusions, so I guess I'm mistaken..

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TOP 14 Comments
  • Salesforce bbvhjbj
    Just go to court, 50% chance that officer isn’t going to show up.
    May 2 1
    • New bzRF81
      Yep, this is the best bet.

      But OP's ticket = everyone's salary, so don't count on the ticket being thrown out if the officer shows up.
      May 2
  • Oath Atinlay2
    Officer is correct, it doesn’t matter. You still need to be alert while at a light. Car isn’t in park and out of the road.
    May 2 1
    • Nvidia vnnP31
      OP
      I agree need to be alert. Wasn't alert enough to notice the motorcycle cop silently sneaking up the left side on the red light, until he stopped next to me. I looked up at him, looked at the red light, then put my phone down. He shook is head and put the blinkers on 🙄
      May 2
  • Sell one Nvidia share and settle the fine
    May 2 2
    • Nvidia vnnP31
      OP
      Funny you say, it's about that much
      May 2
    • Nvidia vnnP31
      OP
      I don't mind paying the fine, but I do mind if legally I'm in the clear. I'm not trying to dodge anything here
      May 2
  • Apple RcvW67
    Fight it! I was exactly in the same situation and got a lawyer and fight it with written trial. I talked to them; they ask you questions and then write you a trial. Probably cheaper or a bit more expensive than paying ticket but your record stays clean.
    https://catraffictickets.com
    May 2 1
    • Salesforce bbvhjbj
      Don’t get a lawyer to write a written explanation. You can do it yourself for free. I got off 15mph speeding ticket by writing an explanation and then when it was denied going to court simply because cop didn’t show up.
      May 2
  • Console Connect / Other gqDS15
    San Tomas expressway is always full of those sneaky motorcycle cops, especially by the Nvidia HQ...
    May 2 0
  • Nvidia vnnP31
    OP
    I looked up the law, looks like I have no case legally, but if you think otherwise let me know. Updated OP with link to point in the law
    May 2 0
  • Facebook public2
    Always appeal, written first then go in person.
    May 2 0
  • AT&T / Eng
    DDM2K

    AT&T Eng

    PRE
    Optum, Windstream, AT&T, Verizon
    DDM2Kmore
    Not sure about CA, but in NC - if you have representation - you don’t even have to show up to traffic court unless your traffic infraction is a felony.
    May 2 0
  • 0 mph != parked. You cannot park in the middle of the road. Either way you’re screwed. But yes you may get it reduced for a “first offense” or something like that. You can also claim you were setting up a google map direction or phone call via bluetooth?
    May 2 0