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Calguns LEOs LEOs; chat, kibitz and relax. Non-LEOs; have a questions for a cop? Ask it here, in a CIVIL manner.

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  #1  
Old 07-07-2012, 3:38 PM
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Default My 160$ burger

I was on the way to grab a burger from Angelo's. And I was on the cell phone, not to my head but on speaker phone in my hand. Out of nowhere I got stopped by a motor unit in the drive through. I was honest with him, I didn't try and lie my way out of it. But he told me the fine is 160$, so should I just man up and pay for the ticket and be done with it. Or should I attend traffic school and ask for a reduction? So it won't show up on my driving record.

Others have suggested that I try and fight the ticket, in the hopes that the officer won't show up. It's VC 23123A, it states the first time offense is 20$-50$? Not 160$
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  #2  
Old 07-07-2012, 3:47 PM
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Is it a moving violation? I think if you opt for traffic school, you pay the fine then you pay for traffic school.
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Old 07-07-2012, 3:48 PM
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The question becomes, did he cite you for using it before being in the drive thru or for using it while in the drive thru?

Oh, and be prepared to add court fees to that ticket.
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Old 07-07-2012, 3:49 PM
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Originally Posted by IdahoF350 View Post
The question becomes, did he cite you for using it before being in the drive thru or for using it while in the drive thru?
It was initiated at the entrance as I was pulling in from a public road.
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Old 07-07-2012, 3:53 PM
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So he basically wrote you for using the cell phone on a public roadway. You could have argued it in court if you had been in the drive thru. That sucks.
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Old 07-07-2012, 3:53 PM
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So he basically wrote you for using the cell phone on a public roadway. You could have argued it in court if you had been in the drive thru. That sucks.
More or less. I got stopped next to the entrance of the drive through, I just wanted a bacon burger dammit.!
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Old 07-07-2012, 3:57 PM
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Unless things have changed in the last year, it is not a moving violation. No reason for traffic school.
And the $160 is most likely what the officer has seen the judge fining people in court and includes court fees.
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Old 07-07-2012, 4:05 PM
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Its not a moving violation, so no point for traffic school
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Old 07-07-2012, 4:06 PM
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Originally Posted by Tacit Blue View Post
I was on the way to grab a burger from Angelo's. And I was on the cell phone, not to my head but on speaker phone in my hand. Out of nowhere I got stopped by a motor unit in the drive through.

$
Not to kick a man while he's down, but, it is called the "hands free law..."
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Old 07-07-2012, 4:06 PM
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Gotcha, yeah the traffic school is not needed. So my only two options are to pay it or try and fight it.
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Old 07-07-2012, 4:13 PM
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So my only two options are to pay it or try and fight it.
Yup.
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  #12  
Old 07-07-2012, 4:16 PM
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hey but angelos had good burgers. the one on coast highway or? did you get your burger or did this make you want to just go home after this??
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Old 07-07-2012, 4:21 PM
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Coast highway 101, In North County San Diego. No I didn't get my burger from angelo's, I went to Wendy's instead. In the drive through there, I saw the same motor officer fishing for more traffic violators. He ignored like 4 people on their cell phones. Talk about selective enforcement!!
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Old 07-07-2012, 4:23 PM
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My wife got one last month. Total fine was $155.
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  #15  
Old 07-07-2012, 4:24 PM
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Quote:
Originally Posted by Tacit Blue View Post
. It's VC 23123A, it states the first time offense is 20$-50$? Not 160$
True but then you have penalty and assessments and the fine about triples. I don't agree with what those assessment are...thank your elected officials including judges.

It's o.k. to be torqued about a ticket but I commend you for fessing up...not too many people like you anymore.

Traffic school if the charge qualifies is probably your best bet however ask your insurance co if that charge would make your rates go up. If it doesn't you may want to think of holding off on TS when you need it. I think you can only go once every 18 to 24 months. I don't remember exactly!!
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Old 07-07-2012, 4:26 PM
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Quote:
Originally Posted by Tacit Blue View Post
Coast highway 101, In North County San Diego. No I didn't get my burger from angelo's, I went to Wendy's instead. In the drive through there, I saw the same motor officer fishing for more traffic violators. He ignored like 4 people on their cell phones. Talk about selective enforcement!!
We can't nab everybofy!! LOL

But that officer may not feel like enforcing that law. I never wrote a tinted glass ticket. I didn't like that law..it's only an infraction anyway and as you may know...Cops have bigger fish to fry. Just my opinion.

EDIT: I've let alot of people I caught including misdemeanors off with warnings too.
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  #17  
Old 07-07-2012, 4:28 PM
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True but then you have penalty and assessments and the fine about triples. I don't agree with what those assessment are...thank your elected officials including judges.

It's o.k. to be torqued about a ticket but I commend you for fessing up...not too many people like you anymore.

Traffic school if the charge qualifies is probably your best bet however ask your insurance co if that charge would make your rates go up. If it doesn't you may want to think of holding off on TS when you need it. I think you can only go once every 18 to 24 months. I don't remember exactly!!
The officer is not stupid, I have respect for LE. I'm not going to sit there and lie to his face and Say No! I manned up and took responsibility for it.
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  #18  
Old 07-07-2012, 7:39 PM
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$160 my butt. My first offense talking on the phone while driving was $350!!!!!!!
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Old 07-07-2012, 7:56 PM
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$160 my butt. My first offense talking on the phone while driving was $350!!!!!!!

Counties can assess their own fees in addition to the established fine.
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  #20  
Old 07-07-2012, 8:02 PM
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Quote:
Originally Posted by Tacit Blue View Post
The officer is not stupid, I have respect for LE. I'm not going to sit there and lie to his face and Say No! I manned up and took responsibility for it.
You "manned up and took responsibility"?.....and now you are wanting to go to court to get out of it? Way to "man up"!
You did it, you got caught. Just pay the fine.
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  #21  
Old 07-07-2012, 8:09 PM
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You "manned up and took responsibility"?.....and now you are wanting to go to court to get out of it? Way to "man up"!
You did it, you got caught. Just pay the fine.
That's what I said i'm going to do...
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Old 07-07-2012, 8:12 PM
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yeah i was born on camp pendelton and i grew up in oside man. nothing beats angelos. except maybe in and out
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Old 07-07-2012, 8:25 PM
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yeah i was born on camp pendelton and i grew up in oside man. nothing beats angelos. except maybe in and out
Five guys is pretty good! but It cost like 30$ for me and my bro, we're talking fully loaded burgers. bacon, cheese,mushrooms and onions and those huge buckets of fry's. The one in Oceanside(Angelo's) is great for eating after a bar crawl, just avoid Alfredo's mexican food across the street near surfrider yuck!
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  #24  
Old 07-07-2012, 9:11 PM
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More or less. I got stopped next to the entrance of the drive through, I just wanted a bacon burger dammit.!
You were going to order Onion Rings too?
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  #25  
Old 07-07-2012, 9:25 PM
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You were going to order Onion Rings too?
I was going to order fried zucchini. Going for something different, I know.. I wish I could have bought the Deputy lunch instead..
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Old 07-07-2012, 9:32 PM
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Quote:
Originally Posted by IrishJoe3 View Post
Not to kick a man while he's down, but, it is called the "hands free law..."
To be fair, I think they should pull anyone over using their hands in any other way other than a cell phone then. Coffee, fries, adjusting a rear view mirror, touching the control knobs for audio, etc.

And...the best place to catch people is to hang out on residential streets. Right before people pull in or out of their house. They should double the force on these residential streets. You know how much money they'd bring in?
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Old 07-07-2012, 9:48 PM
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How does the cop know you were talking or dialing on the cell phone. I might be wrong but when I read the pc on the DMV website it said it didn't recommend dialing but it wasn't against the law to. It's not a phone in hand =ticket. It's talking and texting law right? I got kaiser on speed dial and got pulled over. Fought ticket stating I was calling my doctor and asked them to describe what constituted an emergency. It was thrown out. Gotta love vague laws
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Old 07-07-2012, 9:48 PM
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Nanny state laws suck.
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Old 07-07-2012, 9:49 PM
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Quote:
Originally Posted by Tacit Blue View Post
Others have suggested that I try and fight the ticket, in the hopes that the officer won't show up. It's VC 23123A, it states the first time offense is 20$-50$? Not 160$
The "base fine" for first offense is $20. [VC 23123(b)]
Then you add the court fees and tax.

Since, the electronic device was in your hand (even though it was on speaker), it's still a violation. The device needs to be "hands free", meaning can't be in your hand. In order to not be a violation, when on speaker the phone should be on the dashboard/seat next to you/anywhere but in your hand.



Vehicle Code 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.
(c) This section does not apply to a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.
(d) This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.
(e) This section does not apply to a person driving a schoolbus or transit vehicle that is subject to Section 23125.
(f) This section does not apply to a person while driving a motor vehicle on private property.
(g) This section shall become operative on July 1, 2011.
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Old 07-07-2012, 9:53 PM
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Quote:
Originally Posted by Quiet View Post
The "base fine" for first offense is $20. [VC 23123(b)]
Then you add the court fees and tax.

Since, the electronic device was in your hand (even though it was on speaker), it's still a violation. The device needs to be "hands free", meaning can't be in your hand. In order to not be a violation, when on speaker the phone should be on the dashboard/seat next to you/anywhere but in your hand.



Vehicle Code 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.
(c) This section does not apply to a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.
(d) This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.
(e) This section does not apply to a person driving a schoolbus or transit vehicle that is subject to Section 23125.
(f) This section does not apply to a person while driving a motor vehicle on private property.
(g) This section shall become operative on July 1, 2011.
Yes, your right. The way the law is defined, at any time a device that is used for wireless telephone falls within section C. Soon as you use your hands that translates into probable cause for a traffic stop.
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Old 07-07-2012, 9:53 PM
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Dmv does go into detail about the dialing is not recommended but not illegal here http://www.dmv.ca.gov/cellularphonelaws/
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Old 07-07-2012, 9:57 PM
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Quote:
Originally Posted by john67elco View Post
Dmv does go into detail about the dialing is not recommended but not illegal here http://www.dmv.ca.gov/cellularphonelaws/
" Q: Are there exceptions for dialing?
A: This law does not prohibit reading, selecting or entering a phone number, or name in an electronic wireless device for the purpose of making or receiving a phone call. Drivers are strongly urged not to enter a phone number while driving
." hmmmmm.
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Old 07-07-2012, 10:05 PM
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Quote:
Originally Posted by Quiet View Post
Since, the electronic device was in your hand (even though it was on speaker), it's still a violation. Vehicle Code 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.
(c) This section does not apply to a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.
(d) This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.
(e) This section does not apply to a person driving a schoolbus or transit vehicle that is subject to Section 23125.
(f) This section does not apply to a person while driving a motor vehicle on private property.
(g) This section shall become operative on July 1, 2011.
For using the phone yes hands free. But to you or any cop out there phone in hand=ticket right?
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Old 07-07-2012, 10:37 PM
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While it is not a point on the system, but they do show up on your DMV record and it can be effectively the same as a point on your license. If you are in an accident and sued, and your DMV records is examined, cell phone tickets can beat you up in your case.

For this reason many employers (and I have heard some insurers) are now counting cell phone tickets the same as other moving violations for assessing potential and current drivers.
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Old 07-08-2012, 9:26 AM
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Which sucks more because you can't even go to traffic school to get out of it so this ticket, if it is used against you by insurers, would give you no defense.
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