Cellphone ticket

[fiszere]

What is the name of your state? California
Today while i was on the freeway i got pulled over for using my phone, however it was connected to the hand-free link and i was talking on the phone through there, i got a ticket for 23123.5. (a) which state that A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving. However even though i was holding the phone because i had just accepted the phone call, and i was talking through the hand-free link that automatically connect to my phone everytime i get on, how do i go dispute this ticket? because it clearly state that i shouldn't be holding the phone unless it is specifically designed and configured to allow voice-operated and hands-free operation and i was using it in that manner.

 

[HighwayMan]

You were holding the phone. You are guilty.

 

[fiszere]

You were holding the phone. You are guilty.

but it says A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless it configured to allow hands-free operation and it is used in that manner while driving, and from the way i understand this, its saying that as long as i'm using the hands-free option that connect to my car and talking through it, i can hold my phone as long as im not looking at it or using it?

 

[Zigner]

but it says A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless it configured to allow hands-free operation and it is used in that manner while driving, and from the way i understand this, its saying that as long as i'm using the hands-free option that connect to my car and talking through it, i can hold my phone as long as im not looking at it or using it?

You were holding the phone, not using it hands-free. You can't hold your phone.

 

[not2cleverRed]

If you are holding onto it, then it's not hands free.

It is not enough that it have the hands free option, or that you are using it in voice mode - your hands can't be on it while you're driving.

 

[fiszere]

If you are holding onto it, then it's not hands free.

It is not enough that it have the hands free option, or that you are using it in voice mode - your hands can't be on it while you're driving.

yea but in part c it says
(c) A handheld wireless telephone or electronic wireless communications device may be operated in a manner requiring the use of the driver’s hand while the driver is operating the vehicle only if both of the following conditions are satisfied:

(1) The handheld wireless telephone or electronic wireless communications device is mounted on a vehicle’s windshield in the same manner a portable Global Positioning System (GPS) is mounted pursuant to paragraph (12) of subdivision (b) of Section 26708 or is mounted on or affixed to a vehicle’s dashboard or center console in a manner that does not hinder the driver’s view of the road.

(2) The driver’s hand is used to activate or deactivate a feature or function of the handheld wireless telephone or wireless communications device with the motion of a single swipe or tap of the driver’s finger.
i was simply picking up the phone so i shouldnt have gotten a ticket?

 

[not2cleverRed]

You were picking up the phone. The phone was NOT "mounted on a vehicle’s windshield in the same manner a portable Global Positioning System (GPS) is mounted pursuant to paragraph (12) of subdivision (b) of Section 26708 or is mounted on or affixed to a vehicle’s dashboard or center console in a manner that does not hinder the driver’s view of the road."

It does not matter that you have the ability to have it mounted. It matters that at the time you were observed, (C)(1) was not satisfied. Both conditions have to be satisfied; it does not say "either of the following conditions of the following conditions are satisfied" it says both.

 

[Zigner]

The OP didn't fulfill EITHER of the conditions. Condition 2 requires a single swipe or tap of the finger. Once s/he picked up the phone, s/he was doing more with the phone than simply swiping or tapping it.