California Court Rules It Is Illegal To Use A Cell Phone In A Stationary Vehicle

In a decision with wide-ranging implications for people who might check their email on an iPhone while stopped at a traffic light, the California Court of Appeal ruled Monday that it was a crime to use a phone at any time behind the wheel of a stationary or moving vehicle.

Three days after Christmas in 2009, a motorcycle cop in Richmond pulled up to a red light and noticed Carl Nelson, driver of the stopped car next to him, appeared to be making a cell phone call. Nelson put down the phone as soon as he saw the officer. Nelson said he was just checking his email while waiting for the light to turn green. The Golden State banned the use of handheld cell phones while driving in July 2008.

"A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving," the law states.

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AlleVier - 11/17/2011 1:16:56 PM

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Perfectly good interpretation of what "driving" means (and it's safe to assume that they are not talking about a car that is parked). Looking at the phone means not looking at the changing conditions around you, which is not safe.

If you want to test the conviction of people who think they're properly engaged in driving when looking at the phone at a red light, lay into the horn the minute the light changes and see how many of them accelerate in a panic into the car in front. It's fun.

Agent009 - 11/17/2011 3:11:33 PM

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From my understanding it technically applies to the driver of any vehicle. You can be parked but if it is running you could be cited.

internationalmanofmystery - 11/17/2011 3:21:02 PM

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The Court would argue that there is a difference between STOPPED (still technically driving) and PARKED (NOT driving) Agent!

Joe_Limon - 11/17/2011 3:54:15 PM

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If you pull over to the side of the road to pick someone up, are you stopped? or parked?

AlleVier - 11/17/2011 4:20:39 PM

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I would have to agree with the Agent, that you could be cited, but don't imagine they would. There are precedents for DUI convictions where a person has decided to sleep off his drunken state in a parked car while sitting in the driver's seat, keys in the ignition, but the car not running. The side of the road could still be construed as "driving" if it's not a legal parking spot or a non-emergency situation.

topneuro - 11/17/2011 11:16:03 PM

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Boca Raton, Florida has a similar ruling.
In Boca Raton the only way to be inside a vehicle, in the driver seat with a cell phone in your hand and avoid a ticket is to have the car turned off and the key must not be in the ignition. If the car is turned off but the key is still in the ignition you will be fined. I have no idea how the courts would rule with a vehicle with on-off button ignition.

internationalmanofmystery - 11/18/2011 8:27:52 AM

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Most cars will have some "device" that you insert before you push that on-off ignition switch. The courts could argue that if that device is inserted, you are in the actual process of driving (just a click away) and would want to punish you in the same manner as if you had already hit the switch.

It's like the burglar getting caught with the "tools" of the trade even though he hasn't broken into any dwelling yet. The tools are in furtherance of the crime even though one has not been committed yet.

Joe_Limon - 11/18/2011 10:09:58 AM

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What if it's a professional lock smith caught with the "tools" lol.

Occarnut - 11/18/2011 6:21:35 AM

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yet it is still okay for women to apply make up while driving.

internationalmanofmystery - 11/18/2011 8:21:55 AM

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LOL I don't think anyone has ever died "of mascara." But I could be wrong! I hear in some states though that there is a push for not just hands-free, but conversation free. It seems the issue is how intense the conversation in the car is and not so much that your hands are off the wheel. It's getting to the point where ANY distraction is illegal!

internationalmanofmystery - 11/18/2011 8:36:51 AM

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"If you pull over to the side of the road to pick someone up, are you stopped? or parked?"

— Joe_Limon

In American jurisprudence, Joe, any good lawyer will tell you, IT DEPENDS!!! LOL (lawyer joke, sorry, couldn't resist!)

M35MT - 11/18/2011 2:09:11 PM

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It's because they're broke, they need any reason they can get to ticket you for money. Funny thing is, Californians will use their government checks to pay the ticket!

MorePower - 11/18/2011 3:13:03 PM

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Unless you're on private property, if you are using your cell phone while behind the wheel, with the keys in the ignition, you are breaking the law, even if you the engine is not running.