The New Cell Phone Law

[freeringo]

In California and other states, it is now illegal to use any handheld
device while driving.
Does anyone have any experience with this yet?
My questions are: Do the police have the right to search your car for said cell phone? Do they have the right to check if cell phone was actually in use?
When in court to dispute an officers claim, how can the courts seopena
your phone records for proof?
Seems to me that there are way to many grey areas in this law, not to mention a costly difficult task for the prosecution to prove you were actually
using a cell phone, if you deny using one.
Or is this law going to be enforced like they do the seatbelt law. The cops word is always taken as truth.

Any ideas on how to beat this ticket?

[sloeddie]

when have the police ever fibbed??? see i didn't say lie...

[GloBug]

u know i have never read the law but i agree with it. so many times have i seen accidents on the freeways due to some man pr woman talking on there phones and are oblivious to whats going on around them. then bang they rear end someone. when i was working i would drive anywhere from 100-200 miles aday on average. so alot of freeway driving. you already got idiot drivers out there then u put a phone in there hands while driving they become dangerous. i think as for a tax payer paying for that person to be prosecuted that shouldnt be ours. i think if that person who was on the phone and loses his or hers case should pay for the court fees. if they win there case then the officer should pay. lol like that would ever happen. well i agree with it. havent heard of anyone beating it yet. but cant till they do then i know what to say if i ever get one. but the fine is low enough that most people wont even fight it. there was one case in sunnyvale where a 18 year old boy was pulled over by a cop on a street bike and he asked the boy why was he on his phone. well the kid said he was calling his dad because he just got robbed by gunpoint like minutes ago. well the officer said what where they and how did they look. he told him and he put out a apb on the suspects and they were caught. the officer didnt write him a ticket because he was on phone trying to report a crime to his dad who intern was gonna call the cops because his son was freaked out. only case where i heard of no ticket being written. sounds like the boy made a good case for himself. lol

[eejit101]

Its been in the UK for some time now. I almost got ran over the other month cos of some stupid woman on her phone.

Here its an £80 on the spot fine, and a warning. 2nd time its 3 points on your license and a bigger fine. 3 times and ur banned i think.


The only way i know to get away with it is if they catch you on a speed camera to say it wasnt you driving.

[navuta]

They got this law here in Brasil for a long time already, more than four years..
But they actualy dont work very well because here people dont like to educate other very much, they like to keep the info only for they same people that are at the level on the pyramid social status. lol... I mean.. The colonialism still affects our society here, and people keep talking at mobiles and drinkind and driving...

I think that the cars is the one of the worst human invention of all times.

And I think Trains, airplanes and ships are the best ones...
:)

[BnLM5]

I don't have first hand experience with the law myself,

however my youngest daughter 19yrs got a ticket for

talking on her cell while driving. The original fine was $90.00

she ended up paying $210.00 for it after it was said and done.

Reason for this as the county was so nice as to make payment

arrangements with her. Nice huh? The deal with this ticket

was the officer asked her were you talking on you phone and she said yes.

(Busted) (Yuba County)

Now a friend of mine was pulled over for the same thing and when the officer

asked him he said he was shaving, lol as he had his electric razor there

and got away with it. But the second time he was not so lucky he received

a ticket and his fine was $110.00. (Sutter County)

I have a link and it is a credible site if you are interested.... here ya go (NEWS (http://74.125.47.132/search?q=cache:1ZhJrBP7-9QJ:www.chp.ca.gov/pdf/media/cell_phone_faq.pdf+CALIFORNIA%27s+new+cell+phone+l aws&cd=4&hl=en&ct=clnk&gl=us&client=firefox-a)) :)

[0maxpower0]

the government has no right to do this kind of thing. Whether you agree with it or not, the constitution doesnt grant the federal government the right to prohibit you from talking on your cell phone whlie driving. Its been proven that driving a car while sleep deprieved affects your driving and decision making abilities as bad as or worse than if you were intoxicated to a degree that you were over the legal limit, so with that logic, they should be able to give you a ticket for driving while sleepy... doesnt matter that the law will undoubtedly cut down on the auto accidents, by how much is debateable, the governent just doesnt have the right to do that, and thats all there is to it.

OH and to Bn.. if you just dont admit to doing the thing the officer is accusing you of, you save a lot of time. So when asked were you (over the speed limit, talking on a cell phone, shaving, etc.) all you have to do is say no. If you say that you di the illegal thing, you waive your fifth amendment right to self incrimination, and ur prty much screwed) Also if they ask to search just say that you dont consent. Even if they try to linguistically trick you by asking do you mind if i search you car (most poeple would say no, which is actuallyt an affirmation to search it), anyway yea those two things might save you a few hundred in the future.

[eejit101]

Driving on the phone to someone limits your concetration, a huge study in the UK found that people were 45% less committed to focusing on the road.

45% man.

Thats a LOT.

They might not have the right, but this just saves lives. Period.

If you dont agree with that, then WTF?

Get hands free if u wanna chat

[BnLM5]

What I find interesting about the whole thing is ...

It is illegal to drive and talk on the phone,

but it its not illegal to drive and dial the phone,

or to text someone while driving. How much sense does

that make?

[navuta]

the government has no right to do this kind of thing. Whether you agree with it or not, the constitution doesnt grant the federal government the right to prohibit you from talking on your cell phone whlie driving. Its been proven that driving a car while sleep deprieved affects your driving and decision making abilities as bad as or worse than if you were intoxicated to a degree that you were over the legal limit, so with that logic, they should be able to give you a ticket for driving while sleepy... doesnt matter that the law will undoubtedly cut down on the auto accidents, by how much is debateable, the governent just doesnt have the right to do that, and thats all there is to it.

OH and to Bn.. if you just dont admit to doing the thing the officer is accusing you of, you save a lot of time. So when asked were you (over the speed limit, talking on a cell phone, shaving, etc.) all you have to do is say no. If you say that you di the illegal thing, you waive your fifth amendment right to self incrimination, and ur prty much screwed) Also if they ask to search just say that you dont consent. Even if they try to linguistically trick you by asking do you mind if i search you car (most poeple would say no, which is actuallyt an affirmation to search it), anyway yea those two things might save you a few hundred in the future.

They have the rights to do anything they whant..
There is no society without a state that create laws to proctet than.
Hegel, days:
"For Hegel, the State is the highest embodiment of the Divine Idea on earth and the chief means used by the Absolute in manifesting itself as it unfolds towards its perfect fulfillment."

I know its a little too much.. but it is somehow very true..

[navuta]

What I find interesting about the whole thing is ...

It is illegal to drive and talk on the phone,

but it its not illegal to drive and dial the phone,

or to text someone while driving. How much sense does

that make?

No, dosent make sense.
What makes sense here is to know that when you distract yourself by any means, you are actualy harming the freedom of others, with the odds you creating to happen an accident.

[0maxpower0]

Cant argue nothing if the people of the state want the law in place, as long as thats true i have no problem with it. But if its something that is unwanted by the majority, and is only present to generate more income for the PD's, then im opposed. people have it rough as it is nowadays, i dont know why theyd vote for something that'll just take more money out of their pockets. honestly, i think I want it to just be as simple as; focus while you're driving, ya know. I think that a law shouldnt be needed and people should jsut realize that theyre traveling in a 1/2 ton plus vehicle that generates a lotta force, even at low mph's. People should just know its common sense, but there has to be a law and people have to be taxed??? I tihnk my frustrations just comes with the lack of common sense in people. Shouldnt even need a law like that because it should be common sense that a moving vehicle can hurt people. Am i being presumptious or should people just know that??

[taylovesthebeatles]

I don't really get the point of using your cell phone while driving anyway. It seems to me there's pretty much always a situation where doing that can be avoided. To me it boils down to this- people can be and often are morons who need laws to tell them not to do something that they should already know is a bad idea/illegal/harmful to oneself or others in the first place.

[GloBug]

the government has no right to do this kind of thing. Whether you agree with it or not, the constitution doesnt grant the federal government the right to prohibit you from talking on your cell phone whlie driving. Its been proven that driving a car while sleep deprieved affects your driving and decision making abilities as bad as or worse than if you were intoxicated to a degree that you were over the legal limit, so with that logic, they should be able to give you a ticket for driving while sleepy... doesnt matter that the law will undoubtedly cut down on the auto accidents, by how much is debateable, the governent just doesnt have the right to do that, and thats all there is to it.

OH and to Bn.. if you just dont admit to doing the thing the officer is accusing you of, you save a lot of time. So when asked were you (over the speed limit, talking on a cell phone, shaving, etc.) all you have to do is say no. If you say that you di the illegal thing, you waive your fifth amendment right to self incrimination, and ur prty much screwed) Also if they ask to search just say that you dont consent. Even if they try to linguistically trick you by asking do you mind if i search you car (most poeple would say no, which is actuallyt an affirmation to search it), anyway yea those two things might save you a few hundred in the future.

well the feds dont have anything to do with it. it is all state laws. just pay your fine and go on with your life.

[allinking17]

This is pretty crazy. They were actually trying to get it in florida a little while back, but it got shot down instantly. Im 50/50 on this, i mean i for one talk on my phone a lot when im in my car and i have no problem driving as well. Some people i know however are exactly the opposite. I have seen some of my friends transfer the phone from ear to ear and switch from hand to hand about 50 times during their phonecall as they have to make different turns etc. I can see how that could def cause an accident. This doesnt take into the count the fact that they are focusing on their phone conversation and sometimes driving is in their subconcious. If they had to make a quick decision while driving i believe most of my friends would be toast

[BnLM5]

the government has no right to do this kind of thing. Whether you agree with it or not, the constitution doesnt grant the federal government the right to prohibit you from talking on your cell phone whlie driving. Its been proven that driving a car while sleep deprieved affects your driving and decision making abilities as bad as or worse than if you were intoxicated to a degree that you were over the legal limit, so with that logic, they should be able to give you a ticket for driving while sleepy... doesnt matter that the law will undoubtedly cut down on the auto accidents, by how much is debateable, the governent just doesnt have the right to do that, and thats all there is to it.

OH and to Bn.. if you just dont admit to doing the thing the officer is accusing you of, you save a lot of time. So when asked were you (over the speed limit, talking on a cell phone, shaving, etc.) all you have to do is say no. If you say that you di the illegal thing, you waive your fifth amendment right to self incrimination, and ur prty much screwed) Also if they ask to search just say that you dont consent. Even if they try to linguistically trick you by asking do you mind if i search you car (most poeple would say no, which is actuallyt an affirmation to search it), anyway yea those two things might save you a few hundred in the future.

I did not say anything man I was telling Ringo that my daughter did. as she is 19 years old first ticket ever she was taught that honesty is the best policy. I realize you don't just rat your self out. But to be honest with you I have avoided more tickets than I have received by just saying Ya I was and that is a fact. Nonetheless I have no idea where you live but where I live if an officer of the law wants to do it he will! I think navuta said it perfect somewhere in this thread when he said they will do anything they want. They being cops.

Ringo did you find what you were looking for? I am curious though, whats up? Who got a ticket?

[Manhater]

The only law here that they are passing is texting while driving. Not talking while driving.

[freeringo]

I don't even own a cell phone anymore.
Good debate though.
I hven't even been pulled over by a cop in 20 years.
I like the idea if keeping an electic razor in the car.
Get pulled over for talking on phone and whip out the razor.
Watch out for being on candid camera though.

[BnLM5]

I don't even own a cell phone anymore.
Good debate though.
I hven't even been pulled over by a cop in 20 years.
I like the idea if keeping an electic razor in the car.
Get pulled over for talking on phone and whip out the razor.
Watch out for being on candid camera though.

Lol that was in fact a true story!

You brought up this thread just for the sake of a debate? While I searched and found you credible sites to reference, with genuine concern that you may actually need advice. Ringo one of these days you are gonna think woof after your cried out wolf one to many times.

I can still say thanks though as it is helping me refresh my research techniques, and I am sure going to need them this semester. Thank God for Google cheats and such!

But did you even look at that site?

[freeringo]

I did read it and it is a very vague discription of the law.
It doesn't address the rights of the citizen or the extent of the law.
I would tell you if I got a ticket silly.:roll:

[BnLM5]

Yes it was just a list of frequently asked questions.

Like the some of the questions addressed in your original post.


KNOCK on wood I haven't been pulled over in about nine years.

And the last time was a financial issue tags and insurance which

eventually led to my arrest. Gawd what a criminal I am! I would like

to have a copy of my mug shots. I was nothing near the better side of

nice. Know that!

[freeringo]

Yes it was just a list of frequently asked questions.

Like the some of the questions addressed in your original post.


KNOCK on wood I haven't been pulled over in about nine years.

And the last time was a financial issue tags and insurance which

eventually led to my arrest. Gawd what a criminal I am! I would like

to have a copy of my mug shots. I was nothing near the better side of

nice. Know that!

I think I like you even more, now that you have revealed your outlaw side.
Long live the outlaw.

[freeringo]

I found out recently that our outlaw pasts do eventually dissappear.
I got into some trouble in my late 20's and when I applied for a Security Guard card, I didn't reveal any of it. I passed the FBI check in 2 months and the State of California sent my case to a review board. Finally after 6 months, I was cleared. I spoke to review board and I was told that they look for patterns in people and alot of things are overlooked.
Now I have 1 of 31 guard cards in my county and there are no jobs.:)
But when there is a job, I will be first in line.

[0maxpower0]

"The policy of the American government is to leave their citizens
free, neither restraining nor aiding them in their pursuits." Thomas Jefferson

It gets to me on a personal level to read "theyre cops theyre going to do what they want" and "its just a fine pay it and move on". I really hope you guys are saying it in jest. Since the formation of the US there has been a consistant effort from the government to impose ridiculous taxes and to levy ridiculous fines. In early America, people would resist armed calvary sent to enforce these taxes, with pitch forks and torches, just to later brush them aside for fear of imprisonment or legal trouble? Nothing personal to anyone, everyone at NDN has been 100 percent cool to me and then some, but man, i just feel like i have to say this. You allow one right to be trampled on, why not them all? Let one ridiculous fine go, why not another?? Each tax or fine on its own merit might not be so ridiculous, but the general principle that lie behind them all is a horrible atrocity. That the governments owns you, and will do with you as it sees fit.

[freeringo]

"The policy of the American government is to leave their citizens
free, neither restraining nor aiding them in their pursuits." Thomas Jefferson

It gets to me on a personal level to read "theyre cops theyre going to do what they want" and "its just a fine pay it and move on". I really hope you guys are saying it in jest. Since the formation of the US there has been a consistant effort from the government to impose ridiculous taxes and to levy ridiculous fines. In early America, people would resist armed calvary sent to enforce these taxes, with pitch forks and torches, just to later brush them aside for fear of imprisonment or legal trouble? Nothing personal to anyone, everyone at NDN has been 100 percent cool to me and then some, but man, i just feel like i have to say this. You allow one right to be trampled on, why not them all? Let one ridiculous fine go, why not another?? Each tax or fine on its own merit might not be so ridiculous, but the general principle that lie behind them all is a horrible atrocity. That the governments owns you, and will do with you as it sees fit.

I am with you man! I fight everything. I will make 5 phone calls to get 50 cents off my phone bill that was not mine. People do not stand up enough.
I never want to here again: "It would be cheaper to just pay the fine or
bill, than to fight it".

[BnLM5]

First of all it is not about rebellion. I don't want to pay my fine so I won't that is ridiculous. It is about MONEY! I mean would you not think that a person would have car insurance if they had $1500.00 to pay a f----n fine? I don't think it is a good idea for me to be involved in any more debate on a legal issue right now because it burns my ***!

We can say .... Until we are blue in the face....

GO - Thomas Jefferson!!!

GO - Abe Lincoln

GO - Benjamin Franklin

Go - to the Constitution which says that we are innocent until proven guilty.

But from where I stand "We the people of the United States of America in order to form a more perfect union".... "We" are guilty until we prove ourselves innocent! I don't care what the situation may be. That is the way it is. And those who are guilty usually have MONEY, they pay attorneys and by technicalities they walk free. Those of us who have no MONEY are F****D!

This is how I feel about it right now maybe I'll feel differently as my mood swings! Should happen in approx 20 minutes give or take a few.