My question involves a traffic ticket from the state of: California
Hi, I got pulled over for a handheld device while driving. I have 2 questions:
1. I want to know if I can fight that it was not a cell phone, but a GPS navigation device?
2. The ticket specifically says the code and section I violated is 23123(a). That means 23123.5 does not apply to my case, correct? (I believe that one is only in regards to texting?).
The violation code states:
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.
(d) This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.
(e) This section does not apply to a person driving a schoolbus or transit vehicle that is subject to Section 23125.
(f) This section does not apply to a person while driving a motor vehicle on private property.
(g) This section shall become operative on July 1, 2011.
I was not holding a cell phone, but a GPS TomTom. Also, it was only held while I was stopped at a red light.
Hi, I got pulled over for a handheld device while driving. I have 2 questions:
1. I want to know if I can fight that it was not a cell phone, but a GPS navigation device?
2. The ticket specifically says the code and section I violated is 23123(a). That means 23123.5 does not apply to my case, correct? (I believe that one is only in regards to texting?).
The violation code states:
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.
(d) This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.
(e) This section does not apply to a person driving a schoolbus or transit vehicle that is subject to Section 23125.
(f) This section does not apply to a person while driving a motor vehicle on private property.
(g) This section shall become operative on July 1, 2011.
I was not holding a cell phone, but a GPS TomTom. Also, it was only held while I was stopped at a red light.
Other Violations: Use of a Handheld Device While Driving
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