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California “hands-free” Law?

By admin Posted in: software

I got pulled over and given a citation for “texting”. I wasn’t texting. I was merely holding the phone in my hand to see if the battery had charged enough to make a call using my car’s hands-free option. I told the officer I was not texting and offered to show him my iPhone so he could verify. He said to take it up with the judge. If I’m really guilty of violating the law, I will, of course, pay the fine. But I can’t even seem to find the exact text of the law.
If your’e not allowed to hold something in your hand while driving, then why don’t people get cited for holding a soft-drink? The vehicle code guide specifically says that “dialing a cell phone is not against the law”, but “reading or sending a text” is against the law. But I wasn’t doing any of those things.
If you have experience with this, or if you are a judge, a police officer, or the like, and you could advise me on how to proceed, I would appreciate it.
-Pete

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  1. du nomad Says

    Here’s the text of the law:
    Vehicle Code 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.
    (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.
    (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.
    Based on your description of events, it would appear you were not in violation. Explain this to the judge and make sure to bring documentation from your service provider demonstrating that no text messages or phone calls were sent/received during that time period. It doesn’t guarantee you’ll be found not guilty though, since the law also prohibits reading a text (even one that you received days ago) while driving and the judge may believe that’s what you were doing.

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