[update] fighting a traffic (cell phone) violation

23123.5.  (a) A person shall not drive a motor vehicle while using
an electronic wireless communications device to write, send, or read
a text-based communication, unless the electronic wireless
communications device is specifically designed and configured to
allow voice-operated and hands-free operation to dictate, send, or
listen to a text-based communication, and it is used in that manner
while driving.
   (b) As used in this section "write, send, or read a text-based
communication" means using an electronic wireless communications
device to manually communicate with any person using a text-based
communication, including, but not limited to, communications referred
to as a text message, instant message, or electronic mail.
   (c) For purposes of this section, a person shall not be deemed to
be writing, reading, or sending a text-based communication if the
person reads, selects, or enters a telephone number or name in an
electronic wireless communications device for the purpose of making
or receiving a telephone call or if a person otherwise activates or
deactivates a feature or function on an electronic wireless
communications device.
   (d) 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.
   (e) This section does not apply to an emergency services
professional using an electronic wireless communications device while
operating an authorized emergency vehicle, as defined in Section
165, in the course and scope of his or her duties.
__________________________________________________________________

CA Moving Violations [Point Count for Negligent Operator]:
http://www.dmv.ca.gov/portal/dmv/detail/dl/vioptct

It takes a while for texting records to show up on the Verizon website. Once that happens, I'll mail it in and see what happens. There was one text sent to me about 15 minutes before (sent by my son who was in the car with me) and none sent by me for hours before or after. Hope that'll be convincing.

Anyways, I'll let you all know what happens, but I'm sure it won't be quick...

I'm curious about the fine. I also got a talking on the phone ticket this spring around 165$. (He didn't write me up for running the stop sign however which was cool so I definitely didn't dispute it. ) This says base fine on here says 20$. Is a talking on phone a seperate violation than texting? Different fine amount?

 It seems to me if he wrote you up for violation this penal code number you may be in the clear because messing with your phone to play music / gps or dial a hands free call is seemingly ok as far as this statue goes. I don't know though if it is possible when you explain to the judge he might say you are good and not in violation of a 23123.5 but you just admitted to violating whatever other distracted driving law they might have. Can they do that?

My advice is Two words. :  jury trial

Got one a couple years back.  $20 is the "ticket" but closer to $150-200 with the "fees" added in.  When I went to get boat insurance, it showed up on the records so it does go somewhere for a 3-year period I was told by the boat insurance co.  Had to pay an extra $40 on my boat premium for a cell phone ticket in my car

My advice is Two words. :  jury trial

This old thread is good:

http://www.norcalkayakanglers.com/index.php?topic=16197.msg155406#msg155406

I've seen a lot of similar comments online, and most seem to agree that "trial by written declaration" is usually the way to go. Seems a lot easier to me, and no risk---if the results are not what you like, you still have all of the other options available.

Seems like all I write about on here is legal BS, and that doesn't even include the IRS summonses I got a while back...

In any case, if you're interested, here's the latest on my cell phone ticket.

The original due date on the ticket was early December, but I never got any info on the actual fine and couldn't find anything online. So, I tried calling and was on hold forever (representative!) and gave up on that. The day before it was due, I went to the courthouse. That was surprisingly quick, but all they told me was that there was a big backlog, so give it a couple more weeks. A couple more weeks went by and still nothing. So, I called again, and this time actually got through. They told me I should get something in the mail fairly soon, but it was not assured, so I should call back every week. Great. Well, I guess I got lucky, as the notice showed up in the mail the other day. The fine is $162 and I just submitted the "trial by written declaration" paperwork. I think I was pretty thorough, and should win. But, if they rule against me, I'll pay just to end it.

I'll update when more info is available. I expect that will be in another year or two...

So its all your fault that the new law got passed that says you can't even hold your cell in your hand while driving?

Thanks.

 

Karma, win or lose, you're be up for jury duty during fishing season.   

Karma, win or lose, you're be up for jury duty during fishing season.

Ha ha! Not gonna happen, as I had jury duty last month, so I'm safe for another year...

So its all your fault that the new law got passed that says you can't even hold your cell in your hand while driving?

Yup, that was all my doing. Believe it or not, I actually think the new law makes sense as it's a lot more clearcut.

Seems like all I write about on here is legal BS, and that doesn't even include the IRS summonses I got a while back...

In any case, if you're interested, here's the latest on my cell phone ticket.

The original due date on the ticket was early December, but I never got any info on the actual fine and couldn't find anything online. So, I tried calling and was on hold forever (representative!) and gave up on that. The day before it was due, I went to the courthouse. That was surprisingly quick, but all they told me was that there was a big backlog, so give it a couple more weeks. A couple more weeks went by and still nothing. So, I called again, and this time actually got through. They told me I should get something in the mail fairly soon, but it was not assured, so I should call back every week. Great. Well, I guess I got lucky, as the notice showed up in the mail the other day. The fine is $162 and I just submitted the "trial by written declaration" paperwork. I think I was pretty thorough, and should win. But, if they rule against me, I'll pay just to end it.

I'll update when more info is available. I expect that will be in another year or two...

No one will act on your best interest unconditionally, except you! Or maybe if you have a spouse or family member that is a lawyer   Good luck!

I won and will get my $162 refunded within 60 days. It only took 7+ months to resolve---not counting the additional 2 months to get my money back.

Thanks for the remembering to update us!  Did you win the trial by written declaration?

I got one and i didn't even have a phone in the vehicle. The Santa Clara cop said he seen my hand in a position that waranted the cell phone violation. This was like the first year the law came into affect. I told him i don't have a phone and the phone i did have was my work phone and it was being repaired. I went to contest it with the repair invoice in hand  and the acting magistrate that day said its not uncommon to have two phones and he asked if i paid the fine already and i said yes and he sent me on my way. He did give me the option to contest his ruling but that just meant more money and lost work time. I ate the fine at that time was $20.00 plus all the other fees they tack on that came out to a total of $169.00 dollars

So if you have the time and good defense go for it and make sure you ask questions directed to the officer who gave you the citation. If he's not there than you win.

Good Luck!

oh dam did i not read enough. Glad to hear you won!