You’re not my lawyer- I know this, because I haven’t had to pay you my first born child. You might not even be a lawyer- I know this, too, because you have yet to demand my first born child. But hey, I’ve got a question and I’m looking for some general information:
I got a ticket last week for ‘using wireless telephone while driving’ (VC 23123(a)). While my Blackberry was in my hand (face down against the wheel), I wasn’t making or receiving a phone call and I wasn’t writing, sending, or reading a text message. I also wasn’t surfing the web or anything else on the phone- I just had my phone in my hand. I realize that phone in the hand while driving isn’t the smartest thing, but the law in question doesn’t outlaw holding your phone if you aren’t using it (in fact, it actually says that you can type a name or number into your phone while driving and that is just fine and legal).
An officer pulled me over and we got into a bit of an exchange- 'I’m pulling you over for using your phone while driving" “I wasn’t using it though, here, check, I didn’t make a call or anything.” “I can’t do that, ma’am. And even if you weren’t making a call, you were manipulating the buttons.” “No, I wasn’t, here, check my text messages.” “I can’t do that, ma’am. You’re supposed to use a handsfree device while using your phone.” “But. . .I wasn’t using my. . nevermind.”
I still contend I wasn’t ‘using’ my phone, per the definitions in the law. I planned on bringing in my phone bill and showing this. So, I’m not worried about that, but what I am worried about is the letter the court just sent me regarding the fine.
First, the fine isn’t anywhere near the $20 listed on the DMV website, it’s instead $138. Admin fees, I guess.
But secondly, the letter repeatedly mentions driving school to avoid a point on my record. What? My understanding is that you can’t get a point for this.
**So, what’s the straight dope? Can you get a point in CA for a handsfree violation? **
Obviously, I’m going to have to go to court to contest this anyway (with my phone bill and my rage against the man and all), but I’m just curious. My web searching is coming up with conflicting answers.