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VC Section 23123 Hand Held Wireless Telephone Prohibited Use Recently got one in Palo Alto, wondering anticipated fee/outcome

#1 User is offline   TougeHorseman 

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Posted 03 August 2011 - 04:43 PM

Who has gotten a VC Section 23123 ticket, and what was the fine, what was your approach to fighting or paying it off?

http://dmv.ca.gov/pu...d11/vc23123.htm

I was exiting the freeway (top down) using speaker phone, but holding the phone to my ear because the wind noise is too much to use bluetooth on the freeway or have the speaker sitting in the center console. Cop was on a bike in East Palo Alto, and busted me instantly. Told the cop my story, and he said "its called the hands free law, so you cant use your hands". I didn't claim it was an emergency call or anything, I just signed the ticket and stayed polite.

Funny how he must have seen me on the phone through my raised tinted windows, but didn't care to write me a ticket for that (or "modified exhaust", lol). I guess I should be grateful, somehow. Maybe that's where my politeness helped out.

How much is this really going to cost me?
I assume someone must have gotten a cell phone ticket recently in San Mateo County, or in East Palo Alto.

Sidenote: you would think that the cops in East Palo Alto would have bigger crimes to deal with other than cell phone usage, but I guess not. I was actually on my way to get sharpies at Office Depot for the next sharpie car art project. Now these sharpies just turned into the most expensive set of sharpies in the world.

I'm not posting to get an armchair moral lashing about using the phone while driving. Yes, I own a Jawbone, and I just chose not to use it because I've been getting a lot of flack about the wind noise when using the jaw bone top down. Lesson learned, flame retardant suit engaged, but save it for someone else and answer my question politely, please?


#2 User is offline   macr88 

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Posted 03 August 2011 - 05:02 PM

:iagree: on the sidenote :)
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#3 User is offline   iDashX 

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Posted 03 August 2011 - 05:03 PM

In santa clara county, my friend had to pay about 210 for his.
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#4 User is offline   iDashX 

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Posted 03 August 2011 - 05:04 PM

That's with all the processing fees

#5 User is offline   ninjajwl 

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Posted 03 August 2011 - 05:06 PM

This is a moving violation, correct? Does that mean you have to attend traffic school? :o

#6 User is offline   stacey 

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Posted 03 August 2011 - 05:23 PM

That's one of those tickets that has a fixed fee, and it's pretty hard to fight it since it's basically your word vs. the LEO's. It wont affect insurance though.

#7 User is offline   Voodoo_S2K 

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Posted 03 August 2011 - 05:24 PM

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#8 User is offline   TougeHorseman 

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Posted 03 August 2011 - 06:34 PM

View Postninjajwl, on 03 August 2011 - 05:06 PM, said:

This is a moving violation, correct? Does that mean you have to attend traffic school? :o


(EDIT: My understanding, based on asking the citing officer is that) "it's not a moving violation", and (EDIT: thus my assumption) it is not possible to attend traffic school for it, because its not a moving violation. No points on my license.

#9 User is offline   s2khac 

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Posted 03 August 2011 - 06:57 PM

I thought they just raised the fine, and make you go to traffic school too. I think that was what I've heard :ponder:

EDIT: just double checked $148 for first time and $256 for repeated. Additional fees not included. Not sure about traffic school.

This post has been edited by s2khac: 03 August 2011 - 07:08 PM


#10 User is offline   TougeHorseman 

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Posted 03 August 2011 - 07:39 PM

View Posts2khac, on 03 August 2011 - 06:57 PM, said:

I thought they just raised the fine, and make you go to traffic school too. I think that was what I've heard :ponder:

EDIT: just double checked $148 for first time and $256 for repeated. Additional fees not included. Not sure about traffic school.


Please post the link to your source for information.
This will be helpful for me, and for other's who may be in my shoes someday.
I keep finding different figures when I search for the actual fine amount.
All I know is the "$20" written in the actual law is a fraction of the "out the door" cost.

I called the court today and the lady who answered the phone said that for a first time offense, to expect a $150-$200 fine.

#11 User is offline   s2khac 

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Posted 03 August 2011 - 08:06 PM

http://www.4mrticket...fines-2011.html, http://www.nerdbuste...fines-for-2011/, and a few other websites pretty much confirms it for me

#12 User is offline   tkeyyy 

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Posted 03 August 2011 - 08:25 PM

the first time is the cheapest. that's all i remember..lol. second time is double, third time is almost 7 times as the first
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#13 User is offline   gpwuster 

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Posted 16 August 2011 - 11:21 AM

You probably already got the ticket in the mail.. from the below article(today's news) it's $189 and they try to raise it.

http://www.mercuryne...?nclick_check=1
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#14 User is offline   s4play 

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Posted 16 August 2011 - 11:48 AM

My friend is SJPD and sheriff's in SC county, basically they told me plan to spent at least x2 Benji's so yes that would be the most expensive set of Sharpies you ever bought! (imagine how many you could have bought with that much money...haha)

No choice but to pay the fine, not much else to do and no excuses really...in an s2000 bluetooth is useless really top down and even top up is questionable so basically stay off the phone while you are driving. :tipwink:


Sidenote: Totally agree that EPA police has better things to do and surprised they even have a budget for motorcycle cops! Was it a BMW or Harley or Honda?


Sidenote #2: Last night I got super lucky since I was parked at a stoplight at night and just glanced at my phone really quick and got this bright light flashed at me from passenger window! I thought it was some punk kids and just before I looked over to shout some curse words, I see two SJPD cars in 2 lanes both next to me. Instead he commented nice ride and mentioned no phone usage and they took off :hello: *lesson learned :)
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#15 User is offline   Voodoo_S2K 

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Posted 16 August 2011 - 11:56 AM

View Postgpwuster, on 16 August 2011 - 11:21 AM, said:

You probably already got the ticket in the mail.. from the below article(today's news) it's $189 and they try to raise it.

http://www.mercuryne...?nclick_check=1

Nothing but a money grab. It's been proven already that the danger is just talking on the phone, not if it's hands free or not. If they are really concerned about safety, ban cell phone use all together.

#16 User is offline   TougeHorseman 

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Posted 16 August 2011 - 01:04 PM

View Postgpwuster, on 16 August 2011 - 11:21 AM, said:

You probably already got the ticket in the mail.. from the below article(today's news) it's $189 and they try to raise it. http://www.mercuryne...?nclick_check=1

So far, still no ticket in the mail. I hate that feeling when you get a ticket in the mail, so I'm avoiding the mailbox these days!

View Posts4play, on 16 August 2011 - 11:48 AM, said:

Was it a BMW or Harley or Honda?

The bike sounded very much like a Harley. It was roaring and he started it with a loud rev that caught my attention.

View PostVoodoo_S2K, on 16 August 2011 - 11:56 AM, said:

Nothing but a money grab. It's been proven already that the danger is just talking on the phone, not if it's hands free or not. If they are really concerned about safety, ban cell phone use all together.

As a non-coffee drinker, I'd vote for a law that gives tickets to those who drive with a scalding hot coffee cup in one hand. In my opinion that is more dangerous than a cell phone, though if being distracted is the issue that could be debated. Would be funny to see the cops have to test the temperature of the beverage before giving a ticket. Not to mention, how many cops do you see driving one handed with a Starbucks in the other hand?

#17 User is offline   HarryD 

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Posted 16 August 2011 - 02:50 PM


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#18 User is offline   Offtrack 

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Posted 16 August 2011 - 05:39 PM

View PostVoodoo_S2K, on 16 August 2011 - 11:56 AM, said:

Nothing but a money grab. It's been proven already that the danger is just talking on the phone, not if it's hands free or not. If they are really concerned about safety, ban cell phone use all together.

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As a non-coffee drinker, I'd vote for a law that gives tickets to those who drive with a scalding hot coffee cup in one hand. In my opinion that is more dangerous than a cell phone, though if being distracted is the issue that could be debated. Would be funny to see the cops have to test the temperature of the beverage before giving a ticket. Not to mention, how many cops do you see driving one handed with a Starbucks in the other hand?


It's not a physical issue (i.e. holding the phone/holding a cup of coffee) it's the fact that when using a phone and driving (hands free or not) you are splitting your thoughts/attention/mind between 2 things. Like Voodoo said, it's been proven.

Sorry to hear about the ticket and thanks for posting. This is a good reminder for me.

This post has been edited by Offtrack: 16 August 2011 - 05:44 PM

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#19 User is offline   chuhsi 

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Posted 16 August 2011 - 06:23 PM

i think i paid about $200 for a first-time violation. talking on a cell phone is not worth it financially or from a safety perspective

#20 User is offline   TougeHorseman 

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Posted 16 August 2011 - 07:34 PM

View PostOfftrack, on 16 August 2011 - 05:39 PM, said:

View PostVoodoo_S2K, on 16 August 2011 - 11:56 AM, said:

Nothing but a money grab. It's been proven already that the danger is just talking on the phone, not if it's hands free or not. If they are really concerned about safety, ban cell phone use all together.

Quote

As a non-coffee drinker, I'd vote for a law that gives tickets to those who drive with a scalding hot coffee cup in one hand. In my opinion that is more dangerous than a cell phone, though if being distracted is the issue that could be debated. Would be funny to see the cops have to test the temperature of the beverage before giving a ticket. Not to mention, how many cops do you see driving one handed with a Starbucks in the other hand?


It's not a physical issue (i.e. holding the phone/holding a cup of coffee) it's the fact that when using a phone and driving (hands free or not) you are splitting your thoughts/attention/mind between 2 things. Like Voodoo said, it's been proven.

Sorry to hear about the ticket and thanks for posting. This is a good reminder for me.

Let my mistake be a friendly reminder for all.

I see what you mean about the mental connection vs. hands connection. Can we agree that those who read a novel while driving are equally distracted compared to cell phone users? I've seen a lot of people reading while driving, and I'm not talking about reading a map while sitting parked at a stop lights, rather, while in motion.

#21 User is offline   buzzman3 

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Posted 16 August 2011 - 08:18 PM

I just read that as of yesterday, it is now $309.

#22 User is offline   HarryD 

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Posted 16 August 2011 - 08:39 PM

View Posteklipz98, on 16 August 2011 - 07:34 PM, said:

I see what you mean about the mental connection vs. hands connection. Can we agree that those who read a novel while driving are equally distracted compared to cell phone users? I've seen a lot of people reading while driving, and I'm not talking about reading a map while sitting parked at a stop lights, rather, while in motion.


I think everyone would agree to that.

I wonder if cops can/do ticket people for (a) reading stuff (b) doing makeup © etc. in addition to the usual phone/texting.

The mistake with this was calling it the hands-free or no-cell-phone law.

It should have been the dont-do-shit-that-distracts-you-from-driving-law-or-else-we'll-kick-your-ass-law.

#23 User is offline   gpwuster 

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Posted 16 August 2011 - 09:59 PM

View PostHarryD, on 16 August 2011 - 08:39 PM, said:

It should have been the dont-do-shit-that-distracts-you-from-driving-law-or-else-we'll-kick-your-ass-law.


:iagree:

#24 User is offline   XenonKiller99 

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Posted 16 August 2011 - 10:11 PM

It's funny cuz my friend got pulled over for talking on the cell phone and the next day I see the same cop driving while talking on the cell phone. I should of took a picture...lol RIDICULOUS. ANd he kind of ran the stop sign. Didn't fully completely stopped.
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#25 User is offline   TougeHorseman 

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Posted 17 August 2011 - 02:50 AM

View PostXenonKiller99, on 16 August 2011 - 10:11 PM, said:

It's funny cuz my friend got pulled over for talking on the cell phone and the next day I see the same cop driving while talking on the cell phone. I should of took a picture...lol RIDICULOUS. ANd he kind of ran the stop sign. Didn't fully completely stopped.

Unfortunately, I believe that police officers are allowed to be using a cell phone while driving. If I can find the time, I'll find the source.

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