Is it illegal to even have a phone in your hand while driving a motor vehicle?
I was advised that even picking up your phone to see who is calling is illegal, (and that’s why I now have a ticket.)
if that’s the case… what if you utilize cellphone navigation? at that point in time it is not a phone. it is a navigation system. some phones have a 2.5 in screen and obviously we would need to pick up the phone to see the street we need to turn on.
I read all of CA vehicle code §23123. and it basically states that
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.
or a person cannot "listen and talk" on a wireless telephone, unless there is a hands-free device.
but it doesn’t say looking at the phone, using its gps guidance system.
i later read per §23123.5 (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.
therefore is it safe to say "I was just checking who was calling and the phone never came close to my ear." or "i was just checking my GPS navigator"? (albeit on a wireless device)???
btw… I know its my first offense and yes its only 20 bucks, but when i get busted again… that’s , and I’d rather pay than 50 anytime.
garth you need to re-read that… it says… SHALL NOT be deemed…
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1 Comment
Comment #381
It is still illegal, and you have answered your own question under §23123.5 (c) If you reread that section, it states: For purposes of this section, a person shall not be deemed to be writing, READING, or sending a text-based communication …
Even though you used it as a "GPS" system at that point and not as a cell phone, you still had to READ it to see where you had to go, and your eyes were not on the road where they belonged.
Sorry, the ticket monsters win this one … $20 for them, zero for you
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Exactly … Shall NOT "be deemed to be writing, reading, or sending a text-based communication …" Meaning they should NOT be doing those things, and to "read" so you knew where to go, you did exactly what it says not to do.
You need to reread the law on that.. Sorry, but you are wrong.