Man, driving to work just hours ago, Joe Jr heard his muffler dragging, and pulled over, worrried. I mean, sparks/fuel tank nearby, you know. He calls me on the cell phone - we spoike briefly- say, 30-60 seconds. Some biker cop apparently saw him, stopped, and without even approaching him at the window to warn him/communicate with him to get out or else, he startes writing a ticket.
Jr gets out to ask whats up, he says "hey, you were on the phone, and didnt see my thumb signal". Jr (or myself) never saw a question on thumb signals/sign language on the driver's test when he earned his license years ago.
. Jr said he was on the phone for a minute and only trying to get advice from a mechanic on the danger of the situation. Cop says basically, "dont gimme that". He then said he was actually "nice" for not ticketing him for being at a bus stop. Geeez, stopping for a minute?? For a damaged car/potantially dangerous situation? What if there had been a fire?? Wouldnt that have shut down the lanes completely for 1-2 hrs/??
He finally said he could contest it with a letter, mailed to the court. I will help him with that.
Anybody think this is normal/fair/typical? Whats our chance to get this waived, people?
Thanks!
Always possible to contest the ticket.
Normal/fair/typical... yes. Had a friend pulled over for doing the speed limit on the freeway in the farthest right "slow" lane, and was told by the cop he was driving too slow, speed up or he'd get a ticket.
The question is, was he ever talking on a "non" hands free phone while the car was in motion on the roadway, or was he parked at the side of the road while using the phone? At this point, the location of where he was parked (bus stop) is irrelevant and there is no reason to mention where, only that he was parked safely with the engine off etc, when or if you decide to contest.
It is illegal to talk on the phone while driving in Ca. unless its hands free (speakerphone or bluetooth). Its also illegal to text, read text or email etc, while driving.
Do the idiots, who should and really deserve to, get pulled over for doing either while driving get pulled over? You know, the ones that shouldn't have never been given a driver's license, the ones that should be pulled out of the car, ticketed, keys and car taken away, hit over the head with their phone and or a bat, until they're a bloody gooey mushy mess, because they're too stupid to know how to drive and almost ran you off the road. No, it doesn't seem that they ever get pulled over.
Anyway, here is a portion of the Ca. V.C. he is "supposed" to have violated as well as part of the code referring to texting. Maybe it can help contest the ticket. Also, did the officer have a clear and unobstructed view of him talking on the phone while the car was in motion? Contesting tickets can sometimes be fun and educational.
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.
(b) A violation of this section is an infraction punishable by a
base fine of twenty dollars ($20) for a first offense and fifty
dollars ($50) for each subsequent offense.
(c) This section does not apply to a person using a wireless
telephone for emergency purposes, including, but not limited to, an
emergency call to a law enforcement agency, health care provider,
fire department, or other emergency services agency or entity....
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.
(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.
(d) A violation of this section is an infraction punishable by a
base fine of twenty dollars ($20) for a first offense and fifty
dollars ($50) for each subsequent offense....