My 160$ burger

[Ken Woodford]

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.

[Tacit Blue]

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.

[axel4488]

$160 my butt. My first offense talking on the phone while driving was $350!!!!!!!

[solanoshooter]

$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.

[Sticka]

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.

[Tacit Blue]

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...

[whatpain]

yeah i was born on camp pendelton and i grew up in oside man. nothing beats angelos. except maybe in and out

[Tacit Blue]

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!

[Spanky8601]

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?

[Tacit Blue]

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..

[adrenaline]

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?

[john67elco]

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

[AAShooter]

Nanny state laws suck.

[Quiet]

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.

[Tacit Blue]

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.