Case Study: Ticketbust.com Fights a California Cell Phone Ticket and Gets it Dismissed

Circumstances:
A new customer, Rajesh ("Raj") came to us for help with fighting his cell phone ticket.

Problem:
On the day Raj was issued the citation, he was driving on Northbound on SR-57, enjoying the Spring weather and driving his 2008 Mercedes C-Class. On the day he was issued his ticket, traffic was very light, the weather was clear and it was easy to see the roadway and the traffic. There were no pedestrians or parked cars nearby and the manner in which he was driving could not have conceivably endangered the safety of any other persons or property. He was traveling at a speed which an ordinary reasonably prudent driver would given the same conditions, when he was cited for violating California VC§23123.

The Department of Motor Vehicles lists the following information regarding the prohibited use of a hand-held wireless telephone:

23123.  (a) 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.

(b) A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.

(c) This section does not apply to a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.

(d) This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.

(e) This section does not apply to a person when using a digital two-way radio that utilizes a wireless telephone that operates by depressing a push-to-talk feature and does not require immediate proximity to the ear of the user, and the person is driving one of the following vehicles:
(1) (A) A motor truck, as defined in Section 410, or a truck tractor, as defined in Section 655, that requires either a commercial class A or class B driver's license to operate.
(B) The exemption under subparagraph (A) does not apply to a person driving a pickup truck, as defined in Section 471.

(2) An implement of husbandry that is listed or described in Chapter 1 (commencing with Section 36000) of Division 16.

(3) A farm vehicle that is exempt from registration and displays an identification plate as specified in Section 5014 and is listed in Section 36101.

(4) A commercial vehicle, as defined in Section 260, that is registered to a farmer and driven by the farmer or an employee of the farmer, and is used in conducting commercial agricultural operations, including, but not limited to, transporting agricultural products, farm machinery, or farm supplies to, or from, a farm.

(5) A tow truck, as defined in Section 615.
 
(f) This section does not apply to a person driving a schoolbus or transit vehicle that is subject to Section 23125.

(g) This section does not apply to a person while driving a motor vehicle on private property.

(h) This section shall become operative on July 1, 2008, and shall remain in effect only until July 1, 2011, and, as of July 1, 2011, is repealed.

Added and repealed Sec. 4, Ch. 290, Stats. 2006. Effective January 1, 2007. Operative July 1, 2008. Repeal operative July 1, 2011.
Amended Sec. 2, Ch. 214, Stats. 2007. Effective January 1, Operative July 1, 2008

NOTE: The preceding section is repealed January 1, 2011, at which time the following section becomes operative.

 23123 (a) 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.

(b) A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.

(c) This section does not apply to a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.

(d) This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.

(e) This section does not apply to a person driving a schoolbus or transit vehicle that is subject to Section 23125.

(f) This section does not apply to a person while driving a motor vehicle on private property.

(g) This section shall become operative on July 1, 2011.

Added Sec. 5, Ch. 290, Stats. 2006. Effective January 1, 2007. Operative July 1, 2011.
Amended Sec. 3, Ch. 214, Stats. 2007. Effective January 1, 2008. Operative July 1, 2011

 

Solution:
When Raj came to TicketBust.com, first, we assured him that we could help him get this cell phone ticket dismissed using our proven process, including the use of a Trial by Written Declaration.  We asked him to sign a few documents we would need for the court and interviewed him about the experience and his observations during the issuance of the cell phone ticket by the officer.  Then we got to work on creating a Trial by Written Declaration specific to his unique circumstances.  We addressed certain parts of the law that were relevant to Raj's ticket stop including his use of a hands free device.  The photo at right shows the actual instrument panel of his C-class which includes controls for Bluetooth built right into the steering wheel!

Other issues we addressed in the Trial by Written Declaration for his alleged infraction of CVC #23123 included;

• Motorists 18 and over
• Texting while operating a motor vehicle
• The law allowing drivers to use a wireless telephone to make emergency calls to a law enforcement agency, a medical provider, the fire department, or other emergency services agency
• The law providing an exception for those operating a commercial motor truck or truck tractor (excluding pickups), implements of husbandry, farm vehicle or tow truck, to use a two-way radio operated by a "push-to-talk" feature. A push-to-talk feature attached to a hands-free ear piece or other hands-free device being acceptable
• and more

 

Result:

Raj's cell phone ticket, CVC 23123, was dismissed and he had his bail of $180 returned within 60 days of the court receiving the package prepared for Raj's defense by TicketBust.com. 

As is so often the case, a few months later, Raj called us to see if we could help his friend who had recently received a ticket.  Of course, we helped his friend as well!

For more information on how TicketBust can help to beat your cell phone ticket, visit www.fightcellphonetickets.com or call 800 850-8038.  For help in fighting speeding tickets or to fight other traffic tickets, visit TicketBust.com or call us today at 800 850-8038.  For help in Spanish, please visit www.CombateSuTicket.com or call our Spanish Speaking Customer Service at 818 584-3689