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.

Reader Feedback

MARZO2008 wrote on Jun 20, 2008 12:12 PM:

" We will still see people using their phone even after july 1, 2008. The also need to take away their phone if they are caught. If they get more than 3 tickets they hold their cars for a month. Make them paid for keep it stored and if they don't want it back or don't get it back then sell it and use the money to fight crime. "

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WY wrote on Jun 17, 2008 11:56 AM:

" People can't even pull up to the line at an intersection because they're busy yammering. I can't wait for this. And the law should be anyone under 25 shouldn't use a cel while driving at all. Kids don't need to drive and yammer about the prom. lol "

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Cogito wrote on Jun 16, 2008 8:56 PM:

" I still say that there is nothing more distracting than kids fighting in the back seat. If I were King, I would make the penalty for fighting kids distracting the driver to be: For one week, one of you, on a rotating basis, must ride in the trunk. If you own an SUV, then they must take turns hanging on to the roof rack. Trust me, it would be very effective, would make our highways safer, would be a great behavior modification tool, and would make driving more entertaining. "

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Edumacation wrote on Jun 16, 2008 5:38 PM:

" I can hardly wait! Reading, talking on the cell phone, looking at the person next to you while driving makes for unsafe driving. I would love the see the law enforced for everyone equally including the "good ol boys n grlz". It would be nice if we could increase the penalty to maybe $2,000. "

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