My question involves a traffic ticket from the state of: California
First of all, thank you for reading this post. I appreciate all input and learning as much as possible from people rather than online documents and articles it makes this whole process much less stressful for me.
While driving home from class one day, I was holding my iPhone 5 in my right hand while it was playing music. My car does not have an auxiliary port, so I have to play music from my iPhone if I want to listen to music. I've been doing this for years now, and have finally payed the price for it. I've always been vaguely aware of the "hands free communication law" in California, but after doing some research I've noticed there are many gray areas in defining the "use of a cell phone while driving".
The officer cited me for a 23123(a) cell phone infraction, which came in the mail two weeks later ($170.00 fine). I've posted the bail and requested a trial by written declaration, and now I'm in the process of compiling enough evidence to get out of this ticket.
Raw research:
1.) http://ift.tt/14JVvAl
"On Thursday, February 27, 2014, the California Court of Appeal for the Fifth District issued an opinion narrowly interpreting California Vehicle Code section 23123(a), which restricts drivers’ use of cell phones. Vehicle Code section 23123(a) prohibits drivers from “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.”
..."Because Vehicle Code section 23123(a) was originally drafted and introduced before the proliferation of smart phones, the legislative history and the law itself fail to explicitly discuss uses of cell phones beyond telephone conversations."
2.) http://ift.tt/1uuz2iO
"...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."
3.) http://ift.tt/14JVxbk
"According to a new state appeals court ruling (PDF) on Thursday, California drivers can now legally read digital maps on their phones, even though a state law says that they cannot use phones while behind the wheel. The case involved a man named Steven Spriggs, who was ticketed $165 by a California Highway Patrol officer who spotted Spriggs after he was stuck in traffic at an area encumbered by roadwork."
"Based on the statute’s language, its legislative history, and subsequent legislative enactments, we conclude that the statute means what it says—it prohibits a driver only from holding a wireless telephone while conversing on it. Consequently, we reverse his conviction."
"To interpret section 23123(a) as applying to any use of a wireless telephone renders the “listening and talking” element nonsensical, as not all uses of a wireless telephone involve listening and talking, including looking at a map application"
4.)http://ift.tt/14JVxbo
(Regarding the Spriggs incident [different article though])"...After Spriggs you now have a defense if you are ticketed with violating section 23123 and were using a smart phone map application but not talking on the phone. You may also have a defense for other uses of a smart phone like listening to music."
"...if you get a cell phone ticket for violating section 23123 and you were not talking on your phone you now have a potential defense. [regarding new law passed]"
5.) As part of my evidence, I have the ability to request texting and calling logs from my phone provider in order to prove that I was not using my cell phone to communicate between the time I was driving (11:00am to 11:30am). I have also screen-shotted my cell phone for calls and texts (and any other potential form of communication such as Groupme, Facebook messenger, etc.), however this may not be a valid source of evidence for how easy it is to edit this information.
A gray area still exists:
What is the difference between holding a portable mp3 player (essentially the use of my iPhone 5 at the time) and holding a sandwich, water bottle, partner's hand, the radio knob, etc.? Ironically, you would be much less distracted by holding an mp3 player than by consuming food or drinking liquid, but to my knowledge, there is no law against it.
Also, with the information I've provided from the DMV in "2.)", I'm confused as to why I was charged so much for this infraction. $170 dollars is the most I've seen from any cell phone ticket I've looked up on the internet now. The officer wasn't sure how much the ticket would cost me when I asked, but he estimated the first offence would only be about $75-$100. This is my first offence. I'm new to learning about these laws and would love to know more information about who decides the severity/cost of the tickets written.
With that said, I think I have enough information to include in my Trial by Written Declaration to win this case against a law that needs reform. Please provide any insights that wont just better my situation, but anybody else who has faced a similar dilemma regarding the vague cell phone infractions in California.
:courage:
First of all, thank you for reading this post. I appreciate all input and learning as much as possible from people rather than online documents and articles it makes this whole process much less stressful for me.
While driving home from class one day, I was holding my iPhone 5 in my right hand while it was playing music. My car does not have an auxiliary port, so I have to play music from my iPhone if I want to listen to music. I've been doing this for years now, and have finally payed the price for it. I've always been vaguely aware of the "hands free communication law" in California, but after doing some research I've noticed there are many gray areas in defining the "use of a cell phone while driving".
The officer cited me for a 23123(a) cell phone infraction, which came in the mail two weeks later ($170.00 fine). I've posted the bail and requested a trial by written declaration, and now I'm in the process of compiling enough evidence to get out of this ticket.
Raw research:
1.) http://ift.tt/14JVvAl
"On Thursday, February 27, 2014, the California Court of Appeal for the Fifth District issued an opinion narrowly interpreting California Vehicle Code section 23123(a), which restricts drivers’ use of cell phones. Vehicle Code section 23123(a) prohibits drivers from “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.”
..."Because Vehicle Code section 23123(a) was originally drafted and introduced before the proliferation of smart phones, the legislative history and the law itself fail to explicitly discuss uses of cell phones beyond telephone conversations."
2.) http://ift.tt/1uuz2iO
"...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."
3.) http://ift.tt/14JVxbk
"According to a new state appeals court ruling (PDF) on Thursday, California drivers can now legally read digital maps on their phones, even though a state law says that they cannot use phones while behind the wheel. The case involved a man named Steven Spriggs, who was ticketed $165 by a California Highway Patrol officer who spotted Spriggs after he was stuck in traffic at an area encumbered by roadwork."
"Based on the statute’s language, its legislative history, and subsequent legislative enactments, we conclude that the statute means what it says—it prohibits a driver only from holding a wireless telephone while conversing on it. Consequently, we reverse his conviction."
"To interpret section 23123(a) as applying to any use of a wireless telephone renders the “listening and talking” element nonsensical, as not all uses of a wireless telephone involve listening and talking, including looking at a map application"
4.)http://ift.tt/14JVxbo
(Regarding the Spriggs incident [different article though])"...After Spriggs you now have a defense if you are ticketed with violating section 23123 and were using a smart phone map application but not talking on the phone. You may also have a defense for other uses of a smart phone like listening to music."
"...if you get a cell phone ticket for violating section 23123 and you were not talking on your phone you now have a potential defense. [regarding new law passed]"
5.) As part of my evidence, I have the ability to request texting and calling logs from my phone provider in order to prove that I was not using my cell phone to communicate between the time I was driving (11:00am to 11:30am). I have also screen-shotted my cell phone for calls and texts (and any other potential form of communication such as Groupme, Facebook messenger, etc.), however this may not be a valid source of evidence for how easy it is to edit this information.
A gray area still exists:
What is the difference between holding a portable mp3 player (essentially the use of my iPhone 5 at the time) and holding a sandwich, water bottle, partner's hand, the radio knob, etc.? Ironically, you would be much less distracted by holding an mp3 player than by consuming food or drinking liquid, but to my knowledge, there is no law against it.
Also, with the information I've provided from the DMV in "2.)", I'm confused as to why I was charged so much for this infraction. $170 dollars is the most I've seen from any cell phone ticket I've looked up on the internet now. The officer wasn't sure how much the ticket would cost me when I asked, but he estimated the first offence would only be about $75-$100. This is my first offence. I'm new to learning about these laws and would love to know more information about who decides the severity/cost of the tickets written.
With that said, I think I have enough information to include in my Trial by Written Declaration to win this case against a law that needs reform. Please provide any insights that wont just better my situation, but anybody else who has faced a similar dilemma regarding the vague cell phone infractions in California.
:courage:
Other Violations: __$170__23123(A) Infraction - Holding Iphone While Driving (Listening to Music)
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