Got a ticket today

[code33]

And clog up a line and tie up resources for someone that may have a real emergency...

I would hope you are not suggesting making a fake 911 call after you are signaled to pull over just to claim the 'on the phone with an emergency operator' exemption in the above Vehicle Code.

[hytech_redneck]

This is probably a good summation. I haven't read the actual text of the law, but I believe there is reference to "hands free" usage, regardless of the application.

If you wish to contest it, which is your right, I suggest you do thorough research of the elements of the violation and make an informed decision how you wish to proceed.

Ron

this is correct the code section is cvc23123 b and it generalizes texting, however it is for hands free. if you were holding the phone you are going to be guilty no matter what you were doing with it.

[TenSeven]

Obviously the OP wasn't aware the law applied to any use of his phone, but he now knows. You need to knock of the personal attack.

[kel-tec-innovations]

YOU CANNOT HAVE A ELECTRONIC DEVICE IN YOUR HANDS, GPS, PHONE, CALCULATOR etc.

Have a mount for your cell phone so you poking at it and not holding it in your hands. You can be holding a hot dog for all the cop cares your hands are off the wheel. My friends has lost in court clearly holding a Tom tom GPS in her hands.

[Desert Dude]

I'm going out on a limb here.............................

I see LEO's taliking on cell phones while driving all the time. Are LEO's exempt from this law?

Just asking a question here, not trying to start a war.

Thanks.

[delisle]

I'm going out on a limb here.............................

I see LEO's taliking on cell phones while driving all the time. Are LEO's exempt from this law?

Just asking a question here, not trying to start a war.

Thanks.

Thats a good question, what is the answer?

[code33]

Yes, there are a number of exemptions in the Vehicle Code section that someone referenced above.

[ChuckBooty]

Yes, there are a number of exemptions in the Vehicle Code section that someone referenced above.

source on the cell-phone exemption?

[code33]

Post #17
cvc23123

http://www.dmv.ca.gov/pubs/vctop/d11/vc23123.htm

[winnre]

I would hope you are not suggesting making a fake 911 call after you are signaled to pull over just to claim the 'on the phone with an emergency operator' exemption in the above Vehicle Code.

Considering it takes 15 minutes for an operator to answer the phone anyway.... but why call 911? Making fake calls is going to be worse than any ticket you may get for an infraction.

Interesting that the law does not apply to a school bus driver. And a $20 fine? No wonder I still see people on their phone all the time.

[ChuckBooty]

Code33 - thanks for the link. Where exactly does it say that LEOs are exempt? I may have missed it since I'm on my Blackberry at a red light.

[nick]

This once again shows that people should inform themselves of the details of a proposed law before it's passed, and fight most of them. Regardless of the merits of the law in question here, the way it was presented to the general public was as the law against talking on a cell phone and texting while driving. The law on the books is much more broad than that.

[retired]

Code33 - thanks for the link. Where exactly does it say that LEOs are exempt? I may have missed it since I'm on my Blackberry at a red light.

Here it is:

23123(d)(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.

[ChuckBooty]

Here it is:

23123(d)(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.

As is expected. And I'm not accusing all police officers of abusing their power, but I'll just say that any LEO that uses this exemption to call the wife about dinner or whatever is just as bad, or even WORSE than the guy who suggested to dial 911 as soon as they get caught.

But back to the OP. Thanks for those who answered my question (without the needless insults). I've decided that I WAS in the wrong and will just pay the ticket.

[winnre]

Go ahead and do a trial by declaration. Worst that can happen is you lose a stamp, but you might win. Remember, this is not about IF you are guilty or not, but if they can PROVE you are guilty.