VC Section 23123 Hand Held Wireless Telephone Prohibited Use
08-03-2011, 01:43 PM
#1
Thread Starter
Join Date: Jul 2009
Location: Professor Touge Emeritus
Posts: 8,570
Likes: 0
Received 9 Likes
on
8 Posts
VC Section 23123 Hand Held Wireless Telephone Prohibited Use
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/pubs/vctop/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?
http://dmv.ca.gov/pubs/vctop/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?
on the sidenote 
Trending Topics
08-03-2011, 03:34 PM
#8
Thread Starter
Join Date: Jul 2009
Location: Professor Touge Emeritus
Posts: 8,570
Likes: 0
Received 9 Likes
on
8 Posts
(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.
08-03-2011, 03:57 PM
#9
Registered User
Join Date: Aug 2007
Posts: 1,247
Likes: 0
Received 0 Likes
on
0 Posts
I thought they just raised the fine, and make you go to traffic school too. I think that was what I've heard 
EDIT: just double checked $148 for first time and $256 for repeated. Additional fees not included. Not sure about traffic school.
EDIT: just double checked $148 for first time and $256 for repeated. Additional fees not included. Not sure about traffic school.
08-03-2011, 04:39 PM
#10
Thread Starter
Join Date: Jul 2009
Location: Professor Touge Emeritus
Posts: 8,570
Likes: 0
Received 9 Likes
on
8 Posts
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.
