Cell phone law and private property

[dereknicholas]

What is the name of your state (only U.S. law)?
Thanks in advance for answering my question.
I live in california, where a new cell phone law recently went into effect.
You cannot use your cell phone while driving unless it is hands free.
I was driving to my business and just as I was going to pull into my parking lot, my son called me, and out of habit I picked up the cell phone and pulled into the parking lot.
Sitting in the parking lot was a Sheriff's car. After I parked he pulled around and wrote me a ticket for using a cell phone illegaly.
Is there any rule about police sitting on private property and writing a violation like this, do I have any way of fighting this?
thanks

[HomeGuru]

Originally Posted by dereknicholas

What is the name of your state (only U.S. law)?
Thanks in advance for answering my question.
I live in california, where a new cell phone law recently went into effect.
You cannot use your cell phone while driving unless it is hands free.
I was driving to my business and just as I was going to pull into my parking lot, my son called me, and out of habit I picked up the cell phone and pulled into the parking lot.
Sitting in the parking lot was a Sheriff's car. After I parked he pulled around and wrote me a ticket for using a cell phone illegaly.
Is there any rule about police sitting on private property and writing a violation like this, do I have any way of fighting this?
thanks

**A: the law allows that.

[davew128]

Originally Posted by HomeGuru

**A: the law allows that.

I think what OP meant was does the cell phone law apply when not driving on a public way, ie. his business's parking lot.

[xylene]

The answer is correct either way.

The law allows police to observe violations from private property

and

The law prohibits the use of cell phone while operating a motor vehicle without using a hands free device.

[HomeGuru]

Originally Posted by davew128

I think what OP meant was does the cell phone law apply when not driving on a public way, ie. his business's parking lot.

**A: read the post again. The OP was driving and on the phone before entering private property.

[davew128]

Originally Posted by xylene

The answer is correct either way.

The law allows police to observe violations from private property

and

The law prohibits the use of cell phone while operating a motor vehicle without using a hands free device.

Disagree. Hand-Held Wireless Telephone: Prohibited Use V.C. Section 23123(g) This section does not apply to a person while driving a motor vehicle on private property.
I think a valid defense would be that OP pulled into the parking lot just as he would have if on another road and simply pulling over. The only problem is that he may have started talking before getting off the road.

[seniorjudge]

Originally Posted by dereknicholas

What is the name of your state (only U.S. law)?
Thanks in advance for answering my question.
I live in california, where a new cell phone law recently went into effect.
You cannot use your cell phone while driving unless it is hands free.
I was driving to my business and just as I was going to pull into my parking lot, my son called me, and out of habit I picked up the cell phone and pulled into the parking lot.
Sitting in the parking lot was a Sheriff's car. After I parked he pulled around and wrote me a ticket for using a cell phone illegaly.
Is there any rule about police sitting on private property and writing a violation like this, do I have any way of fighting this?
thanks

[url]http://www.dmv.ca.gov/pubs/vctop/d11/vc23123.htm[/url]

I was driving to my business and just as I was going to pull into my parking lot, my son called me, and out of habit I picked up the cell phone and pulled into the parking lot.

According to poster, he answered the phone while on a public roadway.

[Zigner]

Originally Posted by davew128

Disagree. Hand-Held Wireless Telephone: Prohibited Use V.C. Section 23123(g) This section does not apply to a person while driving a motor vehicle on private property.
I think a valid defense would be that OP pulled into the parking lot just as he would have if on another road and simply pulling over. The only problem is that he may have started talking before getting off the road.

Yeah, that would be the only problem

[davew128]

Originally Posted by Zigner

Yeah, that would be the only problem

Within the letter of the law, but possibly not the spirit. Clearly the intent was to get off the road when talking.

[seniorjudge]

Originally Posted by davew128

Within the letter of the law, but possibly not the spirit. Clearly the intent was to get off the road when talking.

Yeah, that "letter of the law" will get ya every time!

[Zigner]

Originally Posted by davew128

Within the letter of the law, but possibly not the spirit. Clearly the intent was to get off the road when talking.

And, CLEARLY, this guy didn't do that.

[You Are Guilty]

Since I have a dead horse fetish, I'll add that "private property" as used in the Vehicle Code is not the same "private property" that exists outside the VC:

"Private road or driveway" is a way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner but not by other members of the public.

So that means some parking lots, although not city streets, can still be considered "public" for purposes of enforcing the vehicle code.

Put that in your pipe and smoke it

[CdwJava]

Yep.

Parking lots are generally considered "offstreet parking facilities" and many provisions of the CVC apply there.

"As used in this subdivision, "offstreet parking
facility" means any offstreet facility held open for use by the
public for parking vehicles and includes any publicly owned
facilities for offstreet parking, and privately owned facilities for
offstreet parking where no fee is charged for the privilege to park
and which are held open for the common public use of retail
customers."

- Carl