Legal Question in Traffic Law in California

Yesterday I was pulled over and given a ticket from a police officer for having my cell phone in my hand. I was not using it, text messaging or calling anyone. I was simply looking at the time. I told him this and he still gave me a ticket and said that I'm not even supposed to touch the phone while driving. I researched the cell phone law at DMV online and all I could find was that you have to be able to listen and speak hands free it doesn't say anything about dialing out. Where would I stand with this in court? And how could I talk it down so it doesn't go on my record.


Asked on 9/02/09, 11:54 am

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

Here's the exact language from the Vehicle Code:

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.

The big issue will be: were you "using" it in a non hands-free way?

If you can prove to a judge you weren't "using" it, then you should win. It will be a credibility contest between you and the officer unless you can show the judge something, such as cell phone records with call times, etc. Get your phone bill with the call details (time of call and length) and hopefully, it will show you weren't on a phone call during the time period when the citation was issued.

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Answered on 9/02/09, 6:20 pm


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