Listening to the radio the other day someone got out of a 'texting' ticket in California. He mentioned that the law only makes it illegal to use text based communication. All other uses are still allowed. So at the trial he asked the officer if he saw what exactly he was doing on the phone. He said 'no', so the judge dismissed the case. I got curious and looked up the California vehicle code. Here is the quote:
Section c specifically allows any other use of your phone. Only texting is forbidden. This means unless the officer actually saw that you were reading or writing a text message or email, he can't give you a ticket. In reality it's almost impossible to see the phone's screen through a car window to see exactly what you were doing. So you can probably always get out of a texting ticket in court. Making a phone call without a hands free device is also prohibited. And if you're under 18 you can't use any phones no mater what.
I know in other states and countries the laws are much stricter.
Electronic Wireless Communications Device: Prohibited
Use
23123.5. (a) A person shall not drive a motor vehicle
while using an electronic wireless communications device to
write, send, or read a text-based communication, unless the
electronic wireless communications device is specifically
designed and configured to allow voice-operated and handsfree
operation to dictate, send, or listen to a text-based
communication, and it is used in that manner while driving.
(b) As used in this section “write, send, or read a text-based
communication” means using an electronic wireless
communications device to manually communicate with any
person using a text-based communication, including, but not
limited to, communications referred to as a text message,
instant message, or electronic mail.
(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 or if a person
otherwise activates or deactivates a feature or function on an
electronic wireless communications device.
Section c specifically allows any other use of your phone. Only texting is forbidden. This means unless the officer actually saw that you were reading or writing a text message or email, he can't give you a ticket. In reality it's almost impossible to see the phone's screen through a car window to see exactly what you were doing. So you can probably always get out of a texting ticket in court. Making a phone call without a hands free device is also prohibited. And if you're under 18 you can't use any phones no mater what.
I know in other states and countries the laws are much stricter.
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