followthelaw
Junior Member
California Cell Phone Ban
I know that it is not against the law to dial a number while driving in California per the DMV website...
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.
However, is there anyone who has gotten out for hanging up on a call? I was hanging up on a call when i was pulled over (the ticket timestamp was 2:23 pm, my cell phone records show i hung up at 2:21 pm, not sure how much overlap there is when cops write tickets but it seems extremely close...)
I tried to explain to the officer that I had just hung up on a call which is why it was in my hand, but he cut me off to ask for my license and registration and disappeared to his car. He returned to lecture me on how it was distracted driving month and that he had already issued many tickets that morning alone to people who were using cell phones on speakerphone but still holding them and then handed me the ticket and asked me to sign, even though it wasn't the case that I was holding my phone while talking, just still had it in my hand.
I asked him about the court date (I've never been pulled over before and didn't understand how it worked at the time) and he gruffly told me I would be sent something in the mail and did not need to appear in court. I still hadn't signed it (because I like to read everything first) but he shoved it into my face and hurriedly demanded that all i needed to do was sign it, that it wasn't an admission of guilt and that I would just have to pay the fine, not show up in court.
Do I have any chance of fighting this given the fact that he was allegedly issuing lots of tickets that morning or if I file for an extension to push the date out? Also, since the ticket timestamp was so close to the end of my call, is it worth showing my cell phone records to the court?
I know people have been able to fight and win using the "just dialing a number" defense, is there any merit to the argument that hanging up on a phone is not breaking the law?
I know that it is not against the law to dial a number while driving in California per the DMV website...
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.
However, is there anyone who has gotten out for hanging up on a call? I was hanging up on a call when i was pulled over (the ticket timestamp was 2:23 pm, my cell phone records show i hung up at 2:21 pm, not sure how much overlap there is when cops write tickets but it seems extremely close...)
I tried to explain to the officer that I had just hung up on a call which is why it was in my hand, but he cut me off to ask for my license and registration and disappeared to his car. He returned to lecture me on how it was distracted driving month and that he had already issued many tickets that morning alone to people who were using cell phones on speakerphone but still holding them and then handed me the ticket and asked me to sign, even though it wasn't the case that I was holding my phone while talking, just still had it in my hand.
I asked him about the court date (I've never been pulled over before and didn't understand how it worked at the time) and he gruffly told me I would be sent something in the mail and did not need to appear in court. I still hadn't signed it (because I like to read everything first) but he shoved it into my face and hurriedly demanded that all i needed to do was sign it, that it wasn't an admission of guilt and that I would just have to pay the fine, not show up in court.
Do I have any chance of fighting this given the fact that he was allegedly issuing lots of tickets that morning or if I file for an extension to push the date out? Also, since the ticket timestamp was so close to the end of my call, is it worth showing my cell phone records to the court?
I know people have been able to fight and win using the "just dialing a number" defense, is there any merit to the argument that hanging up on a phone is not breaking the law?