cell phone law question/ticket.

[LTP90]

What is the definition of "drive" in the CVC?

My cousin just received a cell phone ticket, but she was off the roadway, pulled over at a complete stop.(I don't think the car was in park, but was at a complete stop). She was lost, in the dark, in the country(not city) trying to figure out how to get to our house. He is an officer I have not worked with in the past, or do not remember working with(this is only important because he was rather rude to her, and most of the ones I work with are only "rude" with drunks and real criminals). He pulled up behind her and wrote her a cellphone ticket, but she was not even actually on the cell phone when he pulled up behind her, and he never even asked her if she had a hands free headset.

So is that considered driving if the vehicle in drive but at a complete stop?

[G-forceJunkie]

I'm not a lawyer, but sitting in the drivers seat of a running vechicle would put her as the one operating the vehicle. No different than people getting a DUI when found passed out in a parked vehicle. They are in control of the vehicle, they are eligible for the crime.

[sully007]

Take it to court. Tell the judge the facts. She may get off.

[TRICKSTER]

How did he know that she even had a phone if she wasn't on it when he pulled up? Any chance that she was on the phone and then pulled over and stopped to complete her call?

[NuGunner]

Take cell phone bill to court showing that during the time frame of stop, there was no incoming/outgoing calls before or during the time of stop, and no text messages either.

If she did not make the call then this should be easy to prove with the above.

[Jonathan Doe]

I personally have seen a judge dismiss a cell phone ticket based on the statement by the driver.

[Petro6golf]

New case law says you can get a texting/ talking citation if you are stopped. So side of the road or red light counts.

[DR296]

If she was behind the wheel of a running vehicle on a roadway, with cell in hand she is guilty, remember the roadway includes shoulders. Guilty.
If she was off the roadway in a lot for example then I would say not guilty. However I would be hard pressed to cite a person that pulled to the side of the road to use their cell or answer a call. I would see that as someone using good sense.

[422]

"What is the definition of "drive" in the CVC? My cousin just received a cell phone ticket, but she was off the roadway, pulled over at a complete stop.

"So is that considered driving if the vehicle in drive but at a complete stop?"

Yes you can be cited for using (talking) or texting on a cell phone while stopped at a red light or stop sign or in traffic. I am sure at some point the officer observed her using her cell phone. There's already case law on it. Research- People v. Nelson (Cal. Ct. App. - Nov. 14, 2011)

[SVT-40]

I believe the standard is "operating" a motor vehicle..... Not "driving", so if one is behind the wheel of a running vehicle then one is "operating a vehicle and would be subject to all applicable rules and codes.

[oldsmoboat]

The CHP FAQ says:
If you must check information, arrange to call back and do your research while the car is safely stopped.

The DMV FAQ says:
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.