• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Guilty of Dialing while Driving

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

sashatlhs

Junior Member
California
I recently got a ticket for "texting while operating a motor vehicle", which is a violation of VC 23123(a) in California. I was actually dialing my phone while at a stop light to call my father. My phone is equipped for hands-free while talking, but not for dialing the phone. I plead not guilty and went in for the hearing. After the sergeant who pulled me over told his side of the story, I told mine very concisely and descriptively, explaining to the commissioner that I was dialing my phone which is not a violation of the law. Furthermore, I was at a stoplight, so I was not endangering anyone. The commissioner still found me guilty. His reasoning was that since the car's engine was on, my vehicle was technically in motion. He also said since my phone can't be dialed without my hands, I violated the law. The fine is only $159, but I feel like his interpretation of the law was completely wrong. I even printed out a statement from the CHP saying that dialing is not illegal, but they recommend it be done while at a stop light. I would really like to ask for an appeal. How do I get the judge to grant it to me? Or do I ask someone higher up?
 


OHRoadwarrior

Senior Member
23123. (a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.

You were not using it in a hands free manner. You were driving, even though you were stopped.
 

davew128

Senior Member
23123. (a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.

You were not using it in a hands free manner. You were driving, even though you were stopped.
Well both you AND the judge were wrong.

Text Messaging Law Effective January 1 2009 Cellular Phone Laws Effective July 1 2008

Q: Are there exceptions for dialing?
A: This law does not prohibit reading, selecting or entering a phone number, or name in an electronic wireless device for the purpose of making or receiving a phone call. Drivers are strongly urged not to enter a phone number while driving.
 

Zigner

Senior Member, Non-Attorney
Well both you AND the judge were wrong.

Text Messaging Law Effective January 1 2009 Cellular Phone Laws Effective July 1 2008

Q: Are there exceptions for dialing?
A: This law does not prohibit reading, selecting or entering a phone number, or name in an electronic wireless device for the purpose of making or receiving a phone call. Drivers are strongly urged not to enter a phone number while driving.
Dave - what you are referring to is the TEXTING law...specifically VC23123.5

OP was not charged with violating VC23123.5
 

davew128

Senior Member
Dave - what you are referring to is the TEXTING law...specifically VC23123.5

OP was not charged with violating VC23123.5
Zigner, read my response again and go to the DMV website. I will repeat the relevant portion for you. I will also point out that the the DMV site I referenced actually discusses VC23123 in its discussion.

Text Messaging Law Effective January 1 2009 Cellular Phone Laws Effective July 1 2008
(New Motor Vehicle Laws for 2009 )


Wireless Communications Device and Wireless Telephone Laws FAQs
Cellular Phone Laws Video — View Video with Open Captions | View Video



The new Wireless Communications Device Law (effective January 1, 2009) makes it an infraction to write, send, or read text-based communication on an electronic wireless communications device, such as a cell phone, while driving a motor vehicle.

Two additional laws dealing with the use of wireless telephones while driving went into effect July 1, 2008. The first law prohibits all drivers from using a handheld wireless telephone while operating a motor vehicle, (California Vehicle Code [VC] §23123). Motorists 18 and over may use a “hands-free device. The second law effective July 1, 2008, prohibits drivers under the age of 18 from using a wireless telephone or hands-free device while operating a motor vehicle (VC §23124).

Below is a list of Frequently Asked Questions concerning these laws. (note that it is plural, not singular)


Q: When did the wireless communications device (no texting) law take effect?
A: The law took effect January 1, 2009.


Q: When did the handheld wireless telephone laws take effect?
A: The laws took effect July 1, 2008.


Q: What is the difference between these laws?
A: The first law prohibits all drivers from using a handheld wireless telephone while operating a motor vehicle, (California Vehicle Code [VC] §23123). Motorists 18 and over may use a “hands-free device.” The second law prohibits all drivers from texting while operating a motor vehicle (VC §23123.5). The third law prohibits drivers under the age of 18 from using a wireless telephone or hands-free device while operating a motor vehicle (VC §23124).


Q: What if I need to use my telephone during an emergency and I do not have a “hands-free” device?
A: The law allows a driver to use a wireless telephone to make emergency calls to a law enforcement agency, a medical provider, the fire department, or other emergency services agency.


Q: What is the fine if I’m convicted?
A: The base fine for the FIRST offense is $20 and $50 for subsequent convictions. With penalty assessments, the fine can be more than triple the base fine amount.


Q: Will I receive a point on my driver license if I’m convicted for a violation of the wireless telephone or wireless communication device law?
A: No. The violation is a reportable offense; however, a violation point will not be assigned to your DMV record.


Q: Will the conviction appear on my driving record?
A: Yes, but the violation point will not be added.


Q: Is there a grace period, or will motorists get a warning?
A: No. The laws became effective July 1, 2008, and January 1, 2009. Whether a citation is issued is always at the discretion of the officer based upon his or her determination of the most appropriate action for the situation.


Q: Are passengers affected by these laws?
A: No. These laws only apply to the person driving a motor vehicle.


Q: Do these laws apply to out-of-state drivers whose home states do not have such laws?
A: Yes.


Q: Can I be pulled over by a law enforcement officer for using my handheld wireless telephone?
A: Yes. A law enforcement officer can pull you over just for this infraction.


Q: Can I be pulled over by a law enforcement officer for using my wireless communication device?
A: Yes. A law enforcement officer can pull you over just for this infraction.


Q: What if my phone has a push-to-talk feature, can I use that?
A: No. However, the law does provide an exception for those operating a commercial motor truck or truck tractor (excluding pickups), implements of husbandry, farm vehicle or tow truck, to use a two-way radio operated by a “push-to-talk” feature. A push-to-talk feature attached to a hands-free ear piece or other hands-free device is acceptable.


Q: What other exceptions are there?
A: Operators of an authorized emergency vehicle during the course of employment are exempt, as are those motorists operating a vehicle on private property.


Q: Are there exceptions for dialing?
A: This law does not prohibit reading, selecting or entering a phone number, or name in an electronic wireless device for the purpose of making or receiving a phone call. Drivers are strongly urged not to enter a phone number while driving.
 

davew128

Senior Member
Dave - go read the California Vehicle Code...then come apologize.
I apologize for the fact that you're so ignorant. So you're telling me that the California DMV's interpretation of their own law is incorrect? Exactly how so?

I suggest you go back and READ CVC 23123 and point out the part where it indicates you CANNOT TYPE A PHONE NUMBER while driving. Here's a hint, start with paragraph (a). :rolleyes:

For the OP to be guilty under these facts, nobody would ever be able to use a phone while driving unless its voice activated because that would be the only way you could ever make an outgoing call, bluetooth or no bluetooth. :rolleyes::rolleyes:

BTW, that's not what the law says is prohibited. Then again, I'm guessing you didn't actually read anything I posted or linked.
 

Zigner

Senior Member, Non-Attorney
I apologize for the fact that you're so ignorant. So you're telling me that the California DMV's interpretation of their own law is incorrect? Exactly how so?

I suggest you go back and READ CVC 23123 and point out the part where it indicates you CANNOT TYPE A PHONE NUMBER while driving. Here's a hint, start with paragraph (a). :rolleyes:

For the OP to be guilty under these facts, nobody would ever be able to use a phone while driving unless its voice activated because that would be the only way you could ever make an outgoing call, bluetooth or no bluetooth. :rolleyes::rolleyes:

BTW, that's not what the law says is prohibited. Then again, I'm guessing you didn't actually read anything I posted or linked.

23123. (a) A person shall not drive a motor vehicle while using a
wireless telephone unless that telephone is specifically designed and
configured to allow hands-free listening and talking, and is used in
that manner while driving.


If you're dialing, then the phone is not being used in a "hands-free" manner, is it?

If you can't be bothered to READ the actual law (as opposed to the summary on the DMV page), then please do everyone a favor and inform them that you are merely guessing.
 

FlyingRon

Senior Member
23123. (a) A person shall not drive a motor vehicle while using a
wireless telephone unless that telephone is specifically designed and
configured to allow hands-free listening and talking, and is used in
that manner while driving.


If you're dialing, then the phone is not being used in a "hands-free" manner, is it?

If you can't be bothered to READ the actual law (as opposed to the summary on the DMV page), then please do everyone a favor and inform them that you are merely guessing.
His phone did handsfree listening and talking. What it didn't support nor does the statute mandates is "handsfree dialing."
 

Zigner

Senior Member, Non-Attorney
My contact in a large local law enforcement agency is the one who gave me the information. He has written MANY tickets for this (and had the cites upheld in court.)
 

davew128

Senior Member
It specifies hands-free operation.
Your definition of hands free operation doesn't fit the reality of how it works. Even voice dialing requires pressing a button on the phone.

More to the point, even the DMV disagrees with you. Guess they're a bunch of legal incompetents, huh?
 

davew128

Senior Member
If you can't be bothered to READ the actual law (as opposed to the summary on the DMV page), then please do everyone a favor and inform them that you are merely guessing.
How's that golf ball thing working out you? About as good as your understanding of the CVC it seems. :rolleyes:
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top