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CHP clears up confusion over cell phone laws
Two new laws dealing with the use of wireless telephones while driving go into effect July 1, 2008. These frequently asked questions concerning the new cellular phone laws were prepared by the California Highway Patrol:
Q: What are the two laws?
A: One prohibits all drivers from using a handheld wireless telephone while operating a motor vehicle. Motorists 18 and over may use a "hands-free device" (CVC 23123). Motorists under the age of 18 may NOT use a wireless telephone or hands-free device while operating a motor vehicle (CVC 23124)
Q: What if I need to use my telephone during an emergency?
A: Drivers may use a wireless telephone to make emergency calls to law enforcement agency, a medical provider, the fire department, or other emergency services agency. Calling home to let them know you are going to be late is not considered an emergency.
Q: What are the fines if convicted?
A: Fines in our area will be $76 for the first offense and the second and each subsequent offense is $190.
Q: Will the conviction appear on my driving record?
A: Yes, but the violation point will not be added.
Q: Will there be a grace period for the new law?
A: No. The law becomes effective July 1, 2008.
Q: Can I be pulled over for using a handheld wireless telephone?
A: Yes.
Q: Are there any exceptions?
A: Operators of an authorized emergency vehicle during the course of employment are exempt, as are those motorists operating a vehicle on private property.
Q: Will it be legal to use a Bluetooth or other earpiece?
A: Yes, but 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: Can drivers under 18 use a wireless telephone "hands-free"?
A: No. Drivers under the age of 18 may not use a wireless telephone, pager, laptop or any other electronic communication or mobile services device to speak or test while driving, even "hand-free." The only exception is in emergency situations to call police, fire or medical authorities.
Comments or questions for Behind the Badge can be e-mailed to jbiskup@pd.lodi.gov or mailed to Lodi Police Department, 215 W. Elm Street, Lodi, CA 95240.

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