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You're the expert since you are LEO. I simply agreed with you. I have a few friends who are cops and they ran me through the basics on tickets when I asked them a while back. Maybe I misunderstood their lesson. It been a while since I got a ticket. I don't violate traffic rules so I don't get tickets. Like I said my phone is set up with voice directions. I don't hold my phone in my hand.
(Well at least I haven't violated traffic rules since I was about 22) . I don't need to pay this state anymore than I already pay in taxes, vehicle registrations and whatever else they take money for. Last thing I wanna do is give them free money. I have a lot better things to do with 160 bucks than to give it to this state.
That's exactly how I feel. I am an absurdly safe driver- never go over the speed limit, always really conscientious. Never ever gotten a moving violation before. I was only in Laguna for a couple of days visiting a friend and I get pulled over on this bogus charge, which seems to be "holding your cell phone in your hand". Lesson learned, I guess- except I don't even live in the OC so who cares if I stick to this law?
Right there with you as far as giving money to the state. If I didn't have this job I probably wouldn't be in this state.
Stick with it dude. One of my cop buddies is retiring with a stupid pension. And he's only 52 I think. He's getting a job with another police department in Texas. For even more money. Freaking nuts.
Either way it's a job where you gotta put up with a bunch of ****. My buddies tell me some stories. Stay safe
It's not a texting fee. Yes the fine may be $20, but there's taxes, court fees, processing fees, and other fees associated. That's why it's $169. All violations, whether they're cell phone, speeding, red light, etc. will have a base fine, which does not include any of the added taxes and fees.
But $169 from $20? That seems like an absurdly higher number. Tack on a processing fee, whatever- but $169 is more than a speeding ticket in most places and I have a hard time believing it comes from a $20 fee.
But $169 from $20? That seems like an absurdly higher number. Tack on a processing fee, whatever- but $169 is more than a speeding ticket in most places and I have a hard time believing it comes from a $20 fee.
I agree it's crazy how it gets jacked up, but that's California for you. Check out the California Vehicle Code Bail Schedule link I posted. In case you missed it, here it is again:
Speeding tickets in California are much more expensive than the cell phone violation.
Speeding 1-15 MPH over the limit: $35 + penalties = $234
Speeding 16-25 MPH over the limit: $70 + penalties = $360
Speeding 25+ MPH over the limit: 100 + penalties = $480
Want to know an even more expensive ticket? Red light, after penalties, it's $634.
Want to know a crazy expensive ticket? School bus stop sign, after penalties, it's $834.
Hopefully you have insurance, because if you don't, that one is about $880.
Yeah, California fines are outrageous. Also, only a very very tiny portion of that makes it back to the city. On a $500 cite, maybe $20 or so. The rest goes to the state. I only say this because some people say cops just write cites as revenue generators for the city. They bring is next to nothing for the city.
Stick with it dude. One of my cop buddies is retiring with a stupid pension. And he's only 52 I think. He's getting a job with another police department in Texas. For even more money. Freaking nuts.
Either way it's a job where you gotta put up with a bunch of ****. My buddies tell me some stories. Stay safe
Yeah, it should be worth it in the end. Some guys have gotten so fed up with CA they moved out of state, commute in for their work week, sleep in a truck in the parking lot for their three to four 12.5 hour days, then go back home out of state.
I've been a cop in Orange County for 7 years, I've been to traffic court countless times and seen hundreds of trials. How many times have you been?
so if I were holding my phone, glanced to forward my playlist and you are beside me (driver side..im sure you cant see me holding the phone) in a patrol car, granting we are stopped in an intersection..can you really cite me?
Do trial by declaration (trial by mail). You will have to pay bail (the $169 fine) but if you win you get that back. They will send you a packet to write out your side of the story and send the officer a packet to tell his side of the story. Officers rarely respond and that means the defendant wins by default. I have won half a dozen cases over the years by doing trial by declaration.
so if I were holding my phone, glanced to forward my playlist and you are beside me (driver side..im sure you cant see me holding the phone) in a patrol car, granting we are stopped in an intersection..can you really cite me?
Well there's a few things at play. If I can't see the phone, such as if its in your lap and you're looking down, then no I probably cannot cite you, even though I know that's probably what you're doing. I can't say beyond a reasonable doubt you're using the phone. If you're like many people though and you're holding it around steering wheel level, or right in front of your face, then it's very easy to see. Just pay attention to other people driving next time your driving and you'll be amazed. When I drive on my days off, I don't pay much attention to what people are doing in their cars around me. But when I'm working, I look into 90% of the cars I drive by, not only for cell phone violations, but for other violations as well.
The statute says it must be mounted on the dash/windshield and you can only activate functions with a single tap or swipe of your finger, so pretty much any use in your hand is illegal. Yes, even if you're stopped at an intersection, if your phone is in your hand, you can receive a citation. The section says driving, but driving has been interpreted by the court to include being in the driver's seat of a vehicle while it is being operated on the roadway, which means stopped, moving, etc.
That being said, me personally, I don't cite people for using phones at intersections. I'd rather someone do it while stopped at an intersection than while actually moving on the roadway. If I suspect you're on the phone while driving, but I can't physically see the phone, then no, I won't stop you either.
Well there's a few things at play. If I can't see the phone, such as if its in your lap and you're looking down, then no I probably cannot cite you, even though I know that's probably what you're doing. I can't say beyond a reasonable doubt you're using the phone. If you're like many people though and you're holding it around steering wheel level, or right in front of your face, then it's very easy to see. Just pay attention to other people driving next time your driving and you'll be amazed. When I drive on my days off, I don't pay much attention to what people are doing in their cars around me. But when I'm working, I look into 90% of the cars I drive by, not only for cell phone violations, but for other violations as well.
The statute says it must be mounted on the dash/windshield and you can only activate functions with a single tap or swipe of your finger, so pretty much any use in your hand is illegal. Yes, even if you're stopped at an intersection, if your phone is in your hand, you can receive a citation. The section says driving, but driving has been interpreted by the court to include being in the driver's seat of a vehicle while it is being operated on the roadway, which means stopped, moving, etc.
That being said, me personally, I don't cite people for using phones at intersections. I'd rather someone do it while stopped at an intersection than while actually moving on the roadway. If I suspect you're on the phone while driving, but I can't physically see the phone, then no, I won't stop you either.
Hopefully that answers your question.
thanks.
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