Legal Question in Traffic Law in California

I was cited an incorrect VC number on my CA traffic ticket. I was using my GPS on my phone. The officer cited me for violation of VC 23123.5 (writing, sending, or reading text-based communication) when he should have cited me for violation of VC 23123. I have phone records to show that I did not send or recieve any texts within a +/- one-hour time frame from the date & time of the citation. But I wonder if I should bring up the fact that I was using the voice input function of the GPS application on my phone to locate Costco. The application provided me with verbal turn-by-turn driving directions on a speaker phone (so it's not text-based). The officer gave me directions to Costco after handed me the ticket, and told me to get a mounting device for my phone on my windshield if I want to use it for GPS in the future. Will I have admitted guilt to have violated the other VC? How can I win this without self-incrimination for any offense? Thanks!

Asked on 5/14/12, 5:34 pm

Andrew Roberts Roberts Law Group

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Fight the ticket. The vehicle code only applies to cell phone use and text messages. You need a traffic ticket attorney.

Andrew Roberts

(818) 597-0633

Answered on 5/15/12, 8:33 pm

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