Ticket for cell phone usage

[Aware]

When you immediately lowered the 'camera' it made you look guilty. You should have just kept filming.

Haha yes you are right. OP knew he was in the wrong. Sheesh.

 

[phocup]

Any traffic court judge worth his salt will dismiss your ticket because it doesn't meet the elements of that specific section. If I felt your use of the phone/camera was dangerous given the circumstances (and your car was moving), I would have written you a cite for 22350(a) CVC. That would have, and has been, held up in court countless times (my experience). You may have lucked out. But beware, the officer may amend your citation in court to the basic speed law. Roll the dice at your own discretion!

Glad to hear this. Looking up basic speed law, I believe I shall roll the dice. Thanks for your help.

 

[phocup]

Your not in the clear until you can convince a judge.

Very true. Thanks.

Splendid. Pay the $20 and save taxpayer's money. And stop using your phone while driving. All your excuses are pathetic. Man up.

I like this.
If you are fucking with and electronic device you are distracted. Just drive. People who do not take driving seriously kill motorcyclists.

Put down the goddamn phone already. Stop making excuses!

Haha yes you are right. OP knew he was in the wrong. Sheesh.

That's fine, you're definitely entitled to your opinion. Had I picked up an actual camera instead, I wonder if you would still feel as strongly as you do ? The electronic device comment was pretty broad and can be applied to anything including radios or navi. I've re-watched the video and do still believe I was not driving in an unsafe manner putting live at risk at the time. FWIW, I've not had an accident or ticket in 4-5 years now, and my last accident was getting rear ended at a stop light in my car. I do firmly believe that in general I'm a safe driver.

Thanks to all the LEOs and others who took the time to give relevant and informative answer re: the law in question.

 

[Gawernator]

Cops use electronic devices while driving so the blanket statement seems kinda dumb...

 

[packnrat]

in some states just having any cellular device in your hand is a ticket. item can even be broken aka: not working.

as for videoing a accident.. get a life watch the rd. so many secondary accidents happen cause people are looking at something that is not there casern and not the rd.

you deserve double the fine.


.

 

[Shaggy]

Cops use electronic devices while driving so the blanket statement seems kinda dumb...

Read the entire section. Specifically where it says public safety personnel are exempt while in the performance of their duties.

 

[Gawernator]

Read the entire section. Specifically where it says public safety personnel are exempt while in the performance of their duties.

I know LEO are exempt from the law. I was responding to the comment further up the thread ...

It's just like how a glock gen 4 is too deadly to be bought in CA, unless by a LEO

 

[SuperMike]

I've re-watched the video and do still believe I was not driving in an unsafe manner putting live at risk at the time.

I've re-watched the video and do still believe you knew you were BUSTED even though you were not driving in an unsafe manner putting lives at risk at the time.

 

[NB0tt]

OH yea bro, I'm certainly entitled to my opinion, sure.

You know what, I really don't give a fuck what you were doing with your goddamn phone when you eventually kill someone with your huge chunk of steel and plastic.

"Oh, I'm so sorry I hit ya mate, at least I was only taking a video and not texting!"

Lame as fuck.

 

[David919]

OH yea bro, I'm certainly entitled to my opinion, sure.

You know what, I really don't give a fuck what you were doing with your goddamn phone when you eventually kill someone with your huge chunk of steel and plastic.

"Oh, I'm so sorry I hit ya mate, at least I was only taking a video and not texting!"

Lame as fuck.

What he said!

 

[phocup]

I've re-watched the video and do still believe you knew you were BUSTED even though you were not driving in an unsafe manner putting lives at risk at the time.

I can see why you would think this. I'll leave that argument out of my case and focus on the fact that the ticket as written is for electronic communication thus does not apply when I present my case in front of judge. Thanks.

 

[dravnx]

Put the freakin' phone down and drive. You don't need to video tape everything in the world. If your girlfriend doesn't believe what you tell her, get a new GF.

 

[afmotorsports]

I like this.
If you are fucking with and electronic device you are distracted. Just drive. People who do not take driving seriously kill motorcyclists.

I'm only going to quote you because I like you, plus I don't have the energy to quote the other ball busters. You all have good intentions - just like this idiotic law - but you're all freakin wrong! The idiotic California cell phone HOLDING law is a waste of time: http://thenewspaper.com/news/44/4464.asp

Joe Simitian pulled the wool over most people's eyes because he made it look like something it wasn't: this was never a cell phone TALKING law, it simply prohibits HOLDING that specific device while driving and talking! Total and complete bullshit! The distracted driving comes from the phone conversation, not from holding a small plastic device.

Scenario 1: driver holds phone with one hand while talking, other hand on steering wheel. OMG Becky, that's crazy, let's waste the cops time to pull them over and issue an expensive ticket!

Scenario 2: driver answers call with hands free device, one hand on the wheel but the other hands is used to pick his nose, hold a banana or apple or soda or burger or hairbrush or electric shaver or map or newspaper or ???? ...and this is all ok??!

Intuitively, every one of us should realize that it is complete bullshit, or refer to the link I posted to find proof that it's bullshit! The OP could've been using a GoPro for the same task and he wouldn't have been pulled over. I'm sure the cop had good intentions to "save the world from cell phone holders" - as he was likely trained - but Simitian's law is a huge waste of time.

I hope someday we can come up with a real cell phone talking/texting law but realistically it will have to be some future cell phone technology that stops people from taking their eyes off the road while driving because no law will actually stop them.

 

[afmotorsports]

There is a huge push right now for harsher penalties with distracted driving, especially related to collisions. Don't be surprised if, at minimum, distracted driving citations become moving violations in the future.

Good! . You guys see drivers drifting in and out of their lane and driving like asshats, so if they're not drunk or on drugs, they should still get nailed for dangerous, distracted driving. Those distracted drivers will kill innocent people just as easily as drunk drivers!

 

[Aware]

OH yea bro, I'm certainly entitled to my opinion, sure.

You know what, I really don't give a fuck what you were doing with your goddamn phone when you eventually kill someone with your huge chunk of steel and plastic.

"Oh, I'm so sorry I hit ya mate, at least I was only taking a video and not texting!"

Lame as fuck.

Exactly.

 

[mototireguy]

Ok, fair enough the current law is poorly written. Fight the cite.

Try looking at it from this angle.

Until technology advances to the point where the phone automatically switches to the video recorder, automatically aims itself at the scene to be recorded, automatically starts/stops recording, you are interacting with the phone to the point where you are taking eyes/mind off the road interacting with the phone and this is uncool.

 

[Shaggy]

/moderator cap on

I don't want to be Debbie Downer here guys, but let's not gang up on the OP too harshly. He came for advice and I think he's got the information he needs.

 

[NorCalBusa]

I'm only going to quote you because I like you, plus I don't have the energy to quote the other ball busters. You all have good intentions - just like this idiotic law - but you're all freakin wrong! The idiotic California cell phone HOLDING law is a waste of time: http://thenewspaper.com/news/44/4464.asp

Joe Simitian pulled the wool over most people's eyes because he made it look like something it wasn't: this was never a cell phone TALKING law, it simply prohibits HOLDING that specific device while driving and talking! Total and complete bullshit! The distracted driving comes from the phone conversation, not from holding a small plastic device.

Scenario 1: driver holds phone with one hand while talking, other hand on steering wheel. OMG Becky, that's crazy, let's waste the cops time to pull them over and issue an expensive ticket!

Scenario 2: driver answers call with hands free device, one hand on the wheel but the other hands is used to pick his nose, hold a banana or apple or soda or burger or hairbrush or electric shaver or map or newspaper or ???? ...and this is all ok??!

Intuitively, every one of us should realize that it is complete bullshit, or refer to the link I posted to find proof that it's bullshit! The OP could've been using a GoPro for the same task and he wouldn't have been pulled over. I'm sure the cop had good intentions to "save the world from cell phone holders" - as he was likely trained - but Simitian's law is a huge waste of time.

I hope someday we can come up with a real cell phone talking/texting law but realistically it will have to be some future cell phone technology that stops people from taking their eyes off the road while driving because no law will actually stop them.

Alex, I think you aren't catching the practical aspect of the law. Enforcing for "talking on it" would put an impossible burden on LEO's- how does one prove that in a reasonable way? On the other hand (<--- pun intended) "hands free" is pretty definitive and binary.

 

[Aware]

/moderator cap on

I don't want to be Debbie Downer here guys, but let's not gang up on the OP too harshly. He came for advice and I think he's got the information he needs.

Clearly not.

 

[afmotorsports]

Alex, I think you aren't catching the practical aspect of the law. Enforcing for "talking on it" would put an impossible burden on LEO's- how does one prove that in a reasonable way? On the other hand (<--- pun intended) "hands free" is pretty definitive and binary.

John, that's kind of my point. It is "binary" and maybe easy to enforce, but it is completely, 100% pointless and was used by some jackass (Simitian) to further his political career by pretending we are doing 'something' about distracted driving caused by cell phones. This is a falsehood, the data supports the fact that it is pointless, which makes both the law itself and the enforcement totally pointless. I know that California legislators just love to make laws for the sake of making laws - don't get me started on gun control bs! - but my hope is that at least a few people start calling out their nonsense and maybe others will wake up too!

California does NOT have a 'cell phone usage law', we only have an idiotic cell phone HOLDING law! You can hold at least a thousand other things in one hand - food, drinks, hairbrush, etc. - but if you're holding a plastic device, only THAT is illegal??! Stop and think about that for a moment, it is completely absurd and the 'law' should be repealed because it's useless!

Technology will eventually catch up. What I envision is a blocking device on the steering column that shuts down all cell phone screens within 4 feet, making it impossible for drivers to look down at smartphones while driving, yet still allowing passengers to use theirs. No texting, no internet access, only voice commands and hands free use. Problems solved! Here we are in 2016 and cars are now required to have rearview back-up cameras - which btw, is the result of the efforts of one of my best friend's brother, who 14 years ago accidentally ran over and killed his own son, Cameron Gulbransen. All we need from the NHTSA is to tell manufacturers that by 2018 all new vehicles and cell phones must be set up so the screen is invisible withing 4' of the steering column sensor.

btw, one of my scariest experiences as a passenger was in a freakin' Tesla as the driver was going nuts showing me all the stupid functions on the bigass touchscreen... instead of watching the damn road! Again, NHTSA should be mandating heads up displays and discouraging any and all potential distractions that would require a driver to take his/her eyes off the road.