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I got a ticket for driving WITH speakers in both ears VC-27400

pt33

Dirka Dirka
Joined
May 5, 2005
Location
San Carlos
Moto(s)
'02 monster 750
I got a ticket today on university ave in Palo Alto. I was in my Subaru. The officer wasn't very nice from the start, I dont know who pissed in his cheerios, but it seemed like he took i t out on me. FTR- I think 15% of cops are assholes, just like 15% of the population are assholes too. No more, no less. This guy was acting like he was a proud member of the 15% club

Anyways, I had my iphone headphones on but I wasn't using them, I wasn't in a call or listening to music, my radio was on. Without getting into the exact conversation (I was polite and didnt say much), I ended up with a ticket citing VC. 27400- driving with headphones on.

My Q's are:

1) is this a moving violation?

2) How much does this cost?

I tried looking it up on the net, but I guess my searching skills are teh suxors. I figured asking here would be a good idea.

Thanks!
 
http://www.dmv.ca.gov/pubs/vctop/d12/vc27400.htm
27400. A person operating a motor vehicle or bicycle may not wear a headset covering, or earplugs in, both ears. This prohibition does not apply to any of the following:

(a) A person operating authorized emergency vehicles, as defined in Section 165.

(b) A person engaged in the operation of either special construction equipment or equipment for use in the maintenance of any highway.

(c) A person engaged in the operation of refuse collection equipment who is wearing a safety headset or safety earplugs.

(d) A person wearing personal hearing protectors in the form of earplugs or molds that are specifically designed to attenuate injurious noise levels. The plugs or molds shall be designed in a manner so as to not inhibit the wearer's ability to hear a siren or horn from an emergency vehicle or a horn from another motor vehicle.

(e) A person using a prosthetic device that aids the hard of hearing.
looks like it doesn't matter whether or not you were listening to music, just having the headphones on is enough if they were in both ears.
 
I found the code online, I just want to know if it is a moving violation (point on my record that affects insurance) and how much this is going to cost me.

Thanks!
 
I got a ticket today on university ave in Palo Alto. I was in my Subaru. The officer wasn't very nice from the start, I dont know who pissed in his cheerios, but it seemed like he took i t out on me. FTR- I think 15% of cops are assholes, just like 15% of the population are assholes too. No more, no less. This guy was acting like he was a proud member of the 15% club!

Dude- if you had headphones on both ears, I highly doubt the Officer was a member of the 15% club.

The Officer was more likely a member of the 85% club, observed a valid violation of the California Vehicle Code and cited you for it.

Your application to the "I don't know/I'm Ignorant of the Law Club", was completed when the Officer asked you to, "Press hard three copies".

:laughing
 
The citing officer's name wasn't Scheh was it?

nope

Dude- if you had headphones on both ears, I highly doubt the Officer was a member of the 15% club.

The Officer was more likely a member of the 85% club, observed a valid violation of the California Vehicle Code and cited you for it.

Your application to the "I don't know/I'm Ignorant of the Law Club", was completed when the Officer asked you to, "Press hard three copies".

on the cop being an asshole:

I don't think the cop was in the 15% club for giving me the ticket, it's the way he talked to me and what he said that made him an asshole.



on teh headphone 2 ears thing:

I fully understand what the lawmakers intended when they wrote that code. I understand why you don't want drivers to wear headsets that can block outside noises, it can be dangerous. I also understand why you don't want drivers to hold cell phones to their ears, it can distract them. VC 27400 was written to stop drivers from being distracted from listening to Walkmans, and to prevent drivers form having the ability to hear outside noises and such. I had earbuds in my ears that weren't even on, I was trying to follow the new handsfree law That was plainly, and painfully (to me, anyways) obvious! I think my ticket is equal to a motorcyclist getting the same ticket for wearing hearing protection...by the letter of the law, you are breaking it, by the intention of the law, you are not...

My loose-fitting handsfree earbuds do not block outside noises, they don't go all the way in my ears and create a tight seal with my ears like my sound isolating ear buds that I use for my ipod do. These are different. My handsfree earbuds don't cover my entire ear like headphones do.




I understand the VC code 27400, I wanted to know if anyone out there knew if it was a moving violation or how much it costs?
 
nope



on the cop being an asshole:

I don't think the cop was in the 15% club for giving me the ticket, it's the way he talked to me and what he said that made him an asshole.



on teh headphone 2 ears thing:

I fully understand what the lawmakers intended when they wrote that code. I understand why you don't want drivers to wear headsets that can block outside noises, it can be dangerous. I also understand why you don't want drivers to hold cell phones to their ears, it can distract them. VC 27400 was written to stop drivers from being distracted from listening to Walkmans, and to prevent drivers form having the ability to hear outside noises and such. I had earbuds in my ears that weren't even on, I was trying to follow the new handsfree law That was plainly, and painfully (to me, anyways) obvious! I think my ticket is equal to a motorcyclist getting the same ticket for wearing hearing protection...by the letter of the law, you are breaking it, by the intention of the law, you are not...

My loose-fitting handsfree earbuds do not block outside noises, they don't go all the way in my ears and create a tight seal with my ears like my sound isolating ear buds that I use for my ipod do. These are different. My handsfree earbuds don't cover my entire ear like headphones do.




I understand the VC code 27400, I wanted to know if anyone out there knew if it was a moving violation or how much it costs?


I think at this point you as well as everyone here knows that the "all i was doing was trying to follow the new law" routine isnt going to work. earphones are not a hands free device and you know that as well. it never amazes me what people will come up with when caught in the act:wtf
 
I think at this point you as well as everyone here knows that the "all i was doing was trying to follow the new law" routine isnt going to work. earphones are not a hands free device and you know that as well. it never amazes me what people will come up with when caught in the act:wtf

okay, so your saying that my earphones that came with my cellphone, that have a MIC in them, that don't require your hands to operate are not a handsfree device? :wtf

Dude, what are you smoking? Can you share with the rest of the class, it seems to be some new trippy shit that really alters reality :rofl

MY 2 original questions are still unanswered:

1) Is this a moving violation?

2) How much does this cost $$ ?



to the few people that want to comment on how 'stooopid' I am and that I deserve to be publicly caned or something :wtf, keep those comments to yourself please. I think this section (Leo Forum) is awesome, I haven't come across anything like this on the net. It is teh awesomes :thumbup I was hoping there would be some nice people out there that have the answers to my questions.
 

MY 2 original questions are still unanswered:

1) Is this a moving violation?

2) How much does this cost $$ ?



..... how 'stooopid' I am ...I was hoping there would be some nice people out there that have the answers to my questions.

Perhaps you could read the VERY FIRST sticky in the leo forum instead of yelling about wanting your answers here?
 
I was told by a LEO that it is a moving violation.

I can't tell you how many times I've told people in the last month that now that they are looking in cars for cell phone violations they are going to start handing out headphone violations, be careful out there.

Good luck. Maybe the Judge will be lenient :)
 
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Perhaps you could read the VERY FIRST sticky in the leo forum instead of yelling about wanting your answers here?


Sorry about yelling, it's just that I am pissed off and I let a few people "get to me more that I should have".

Thanks for steering me in the right direction, I found that the bail is $99 and I *believe* if I read the chart right it is not a moving violation.

again, I'd like to say that this is an awesome board to have (leo forum) and that the "helpfull" people in here are kewl :cool
 
If you can prove they are there for wind protection or 'noise canceling' which still allow you to hear sirens i believe there is an exception to that section of the code. (27400? i think)
 
I think you should step back and re-read what you posted..
Your saying that your cellphone came with headphones that have a MIC built in.
Unless the police officer is rocking that same phone as you I would highly doubt that he knows that there is a MIC contained within.
By definition headphones means that both ears are occupied by the headphones. Your saying that you weren't listening to music and could hear outside sounds..Was the police officer sitting right next to you? Was his ear glued to yours..so he could hear what you were.

No..I think that by going with the letter of the law he made the enforcement stop because by the definition you had on headphones which in all intents and purposes means that you have both ears plugged and have music playing.

If you had a single ear plugged with the single ear headset then you may have gotten away with it. But you admitted that you were using your stock factory issued headphones which cover both ears..

You got yourself the violation for using what Apple sold you..it's legal to have but not while operating a motor vehicle.

okay, so your saying that my earphones that came with my cellphone, that have a MIC in them, that don't require your hands to operate are not a handsfree device? :wtf

Dude, what are you smoking? Can you share with the rest of the class, it seems to be some new trippy shit that really alters reality :rofl

MY 2 original questions are still unanswered:

1) Is this a moving violation?

2) How much does this cost $$ ?



to the few people that want to comment on how 'stooopid' I am and that I deserve to be publicly caned or something :wtf, keep those comments to yourself please. I think this section (Leo Forum) is awesome, I haven't come across anything like this on the net. It is teh awesomes :thumbup I was hoping there would be some nice people out there that have the answers to my questions.
 
take him to court.. dont pay anything.
that new cell phone rule is stupid .. today i saw a cop driving and talkin on his cell phone.
so its cool for cops to do.

oh its illegal to talk on a cell phone but you can text your life away if needed 2..
whaaatever
 
uhh...

for the record i think handsfree is silly but......

why would annyone (driveing a car that came with a radio from factory) wear headphones?!?!? (unless he/she was on the phone... [i have 2 sets of motorola 820.... stearo BT headphones])

i can understand if you where on a bike (as i, and many other riders wear headphones while riding...)

WTF?
 
uhh...

for the record i think handsfree is silly but......

why would annyone (driveing a car that came with a radio from factory) wear headphones?!?!? (unless he/she was on the phone... [i have 2 sets of motorola 820.... stearo BT headphones])

i can understand if you where on a bike (as i, and many other riders wear headphones while riding...)

WTF?

many people have their choice of music on data storage devices and dont take the time to deal with the hassle of CD's. Not all cars have cd decks with aux inputs.
 
"Oh officer. I know how it looks, but this is different. I wasn't listening, it was a commercial! I never listen to commercials."

BTW: Maybe the citing officer thought you were a member. . . of the Liers Club, you know the 15% of people who lie when facing a citation. . .not that I ever would.
 
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Uh, you can wear JUST ONE earbud on the iPhone and use it hands-free just fine...
 
Uh, you can wear JUST ONE earbud on the iPhone and use it hands-free just fine...

+1

I have an iPhone and have been DLing and listening to a ton of podcasts lately. I pop on my headphones in the morning and listen while getting for work. When I get in the car first thing I do is drop the left one. (The one WITHOUT the mic) and continue listening.

I do have a way to hook up the phone to my stereo BTW, but if I do that and get a call then I have to unhook it. find my headphones, plug it in, stick it in my ear and answer the call. Much too dangerous IMO. So I just listen through the single headset. (Most podcasts are mono anyway.)

If you wear a shirt with a breast pocket it's the perfect place to put the phone and the left ear bud. If not I guess the lap will have to do.
 
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