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 > July 1st another stupid, ill thought out California Law!

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96Bounder30E

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Posted: 07/03/08 10:52am Link  |  Print  |  Notify Moderator

I saw on the news last night where a cell phone user was spotted and a cop tried to pull him over........the cell phone driver ended up running........resulted in a full blown chase with multiple units in pursuit......


Could you imagine if some innocent person was killed as the result of a police chase that was all started by a driver on his cell phone!......Wunderfull!

jcapps

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Posted: 07/03/08 11:13am Link  |  Print  |  Notify Moderator

96Bounder30E wrote:

I saw on the news last night where a cell phone user was spotted and a cop tried to pull him over........the cell phone driver ended up running........resulted in a full blown chase with multiple units in pursuit......


Could you imagine if some innocent person was killed as the result of a police chase that was all started by a driver on his cell phone!......Wunderfull!
Actually it ended up being a stolen vehicle


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MusTangFilly

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Posted: 07/03/08 11:40am Link  |  Print  |  Notify Moderator

We are visiting in Maryland right now where it seems everyone is talking on their cell phone, and you can sure tell. I can't wait to get home to SoCal. There's no place like home, there's no place like home......


May we all have safe travels.

The Texan

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Posted: 07/03/08 03:56pm Link  |  Print  |  Notify Moderator

jcapps wrote:

Actually would be nice if the LA cops read the law. They are giving tickets to people for dialing. One cop told a friend that he cannot touch the phone or even voice dial if he has to press send.

Typical LA Cop stuff
Actually LEO doesn't interpret the new laws, that is done for them by the Prosecuting Attorney's office in their district. Then it is sent as a memo to the various Departments and read to all Officers at read-off, for a week or more. So, don't harass an Officer for doing what his local DA told him or her to do, for them to prosecute legally. I think the DA in LA has it right, as the law says, "hands free".


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jcapps

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Posted: 07/03/08 04:14pm Link  |  Print  |  Notify Moderator

The Texan wrote:

jcapps wrote:

Actually would be nice if the LA cops read the law. They are giving tickets to people for dialing. One cop told a friend that he cannot touch the phone or even voice dial if he has to press send.

Typical LA Cop stuff
Actually LEO doesn't interpret the new laws, that is done for them by the Prosecuting Attorney's office in their district. Then it is sent as a memo to the various Departments and read to all Officers at read-off, for a week or more. So, don't harass an Officer for doing what his local DA told him or her to do, for them to prosecute legally. I think the DA in LA has it right, as the law says, "hands free".


No, actually, they were told the law. There has been police on the tv explaining that you can text, dial and use speakerphone but you cannot put the phone to your ear. Even our Mayor has come on stating that. Just seems some cops were not listening when the Prosecuting Attorney did the explaining.

They have posted the law in the newspapers, the Council District has sent out emails and you can find the law online.

Just seems some cops just were not listening or were not wanting to listen. There will be a lot of taxpayer dollars wasted when these cases go to court

msmith1199

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Posted: 07/03/08 05:22pm Link  |  Print  |  Notify Moderator

jcapps wrote:

The Texan wrote:

jcapps wrote:

Actually would be nice if the LA cops read the law. They are giving tickets to people for dialing. One cop told a friend that he cannot touch the phone or even voice dial if he has to press send.

Typical LA Cop stuff
Actually LEO doesn't interpret the new laws, that is done for them by the Prosecuting Attorney's office in their district. Then it is sent as a memo to the various Departments and read to all Officers at read-off, for a week or more. So, don't harass an Officer for doing what his local DA told him or her to do, for them to prosecute legally. I think the DA in LA has it right, as the law says, "hands free".


No, actually, they were told the law. There has been police on the tv explaining that you can text, dial and use speakerphone but you cannot put the phone to your ear. Even our Mayor has come on stating that. Just seems some cops were not listening when the Prosecuting Attorney did the explaining.

They have posted the law in the newspapers, the Council District has sent out emails and you can find the law online.

Just seems some cops just were not listening or were not wanting to listen. There will be a lot of taxpayer dollars wasted when these cases go to court


But even that isn't exactly what the law says. The law says "hands-free." There is no mention of having the phone to your ear. So you can use the speaker phone, but you can't have the phone in your hand when using the speaker phone. The law is also silent on dialing and texting but it does say you can't "use" the phone while driving unless it is designed for hands-free use. It looks to me like it wasn't really well written since it is open for interpretation.


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jcapps

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Posted: 07/03/08 05:25pm Link  |  Print  |  Notify Moderator

Well maybe someone should tell the officials, including the police what the law allows so they can tell the citizens the facts. Instead of misinformation

Here are some answers to FAQ

DRIVERS 18 AND OVER

Drivers 18 and over will be allowed to use a hands-free device to talk on their wireless telephone while driving. The following FAQs apply to those motorists 18 and over:

Q: Does the new “hands-free” law prohibit you from dialing a wireless telephone while driving or just talking on it?
A: The new law does not prohibit dialing, but drivers are strongly urged not to dial while driving.

Q: Will it be legal to use a Blue Tooth or other earpiece?
A: Yes, however you cannot have BOTH ears covered.

Q: Does the new hands-free law allow you to use the speaker phone function of your wireless telephone while driving?
A: Yes.

Q: Does the new “hands-free” law allow drivers 18 and over to text page while driving?
A: The law does not specifically prohibit that, but an officer can pull over and issue a citation to a driver of any age if, in the officer’s opinion, the driver was distracted and not operating the vehicle safely. Text paging while driving is unsafe at any speed and is strongly discouraged.


BTW this was taken from the CA dmv website, since you are in law enforcement it might help to let someone know what the people are being told by the official website of the CA dmv

* This post was edited 07/03/08 05:37pm by jcapps *

Shotgun

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Posted: 07/03/08 05:59pm Link  |  Print  |  Notify Moderator

I, for one, do not think we need this law. Yes, I believe that using a phone can be bad. I only use it if and when I have to.
However, there is already a law on the books that covers any and all distractions while driving.

23103. (a) ( )1 A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(c) Persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105.



my point being, WHY do we need more laws, if in fact, the laws we have are not enforced?


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msmith1199

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Posted: 07/03/08 11:44pm Link  |  Print  |  Notify Moderator

jcapps wrote:

Well maybe someone should tell the officials, including the police what the law allows so they can tell the citizens the facts. Instead of misinformation

Here are some answers to FAQ

DRIVERS 18 AND OVER

Drivers 18 and over will be allowed to use a hands-free device to talk on their wireless telephone while driving. The following FAQs apply to those motorists 18 and over:

Q: Does the new “hands-free” law prohibit you from dialing a wireless telephone while driving or just talking on it?
A: The new law does not prohibit dialing, but drivers are strongly urged not to dial while driving.

Q: Will it be legal to use a Blue Tooth or other earpiece?
A: Yes, however you cannot have BOTH ears covered.

Q: Does the new hands-free law allow you to use the speaker phone function of your wireless telephone while driving?
A: Yes.

Q: Does the new “hands-free” law allow drivers 18 and over to text page while driving?
A: The law does not specifically prohibit that, but an officer can pull over and issue a citation to a driver of any age if, in the officer’s opinion, the driver was distracted and not operating the vehicle safely. Text paging while driving is unsafe at any speed and is strongly discouraged.


BTW this was taken from the CA dmv website, since you are in law enforcement it might help to let someone know what the people are being told by the official website of the CA dmv


I'm aware of what DMV is saying as well as CHP, but if you read the text of the law it is really not all that clear. So I go back to what I already said, it's a poorly written law. It should have specified what they wanted more clearly.

msmith1199

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Posted: 07/03/08 11:46pm Link  |  Print  |  Notify Moderator

Shotgun wrote:

I, for one, do not think we need this law. Yes, I believe that using a phone can be bad. I only use it if and when I have to.
However, there is already a law on the books that covers any and all distractions while driving.

23103. (a) ( )1 A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.

(c) Persons convicted of the offense of reckless driving shall be punished by imprisonment in a county jail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty-five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105.



my point being, WHY do we need more laws, if in fact, the laws we have are not enforced?


The reckless driving law does not really cover distractions while driving. To be convicted of reckless driving you would not only have to be distracted, but you would have to commit some serious infraction violations too.

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