FRESNO, CA - Handheld use of electronic device - ILLEGAL

[Good Times]

Just a heads up for those living in Fresno or driving thru the county, YOU CAN NOT USE ANY HANDHELD DEVICE WHILE DRIVING.

CVC 23123

Section 23123, subdivision (a) provides:
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.

Per Superior Court of California Judge W. Kent Hamlin

Our review of the statute‟s plain language leads us to conclude that the primary evil sought to be avoided is the distraction the driver faces when using his or her hands to operate the phone. That distraction would be present whether the wireless telephone was being used as a telephone, a GPS navigator, a clock or a device for sending and receiving text messages and emails. But to the extent the language of the statute may be otherwise interpreted, the court must resolve any ambiguity.

Full brief in the attachment.

Be safe out there... you know distracted driving regardless of what device, item, FOOD or anything else can and will hurt yourself and others eventually. Don't play the odds... be safe out there

[Seanz0rz]

Don't forget it is illegal to use a map on a smartphone: http://www.informationweek.com/gover...d-in/240152443

I believe this only applies to hand held smart phones. If it is mounted to the dash it is "hands free"

what a joke...

[Good Times]

so a big slurpee is ok eh?

[Seanz0rz]

It better be!


Everyone is cracking down big on distracted driving. Some of that is good, but I feel like most of it will be a waste of time and resources. Everyone will be on best behavior for the crackdown days and then go back to texting, eating, reading, sleeping, playing canasta, rolling enchiladas, or whatever it is they do when they are behind the wheel.

[arjan]

Last week there was a thing in the news about people dozing off while driving.

First you're not allowed to do anything, then they wonder why people are dozing off.

I agree with cell phone bans with in city limits, but I don't see much of a problem in outlying areas.

[arjan]

Last week there was a thing in the news about people dozing off while driving.

First you're not allowed to do anything, then they wonder why people are dozing off.

I agree with cell phone bans with in city limits, but I don't see much of a problem in outlying areas.

[paddlenbike]

Is it true that 2 way communication devices are okay, such as a CB radio?

I take a bus home from work everyday and while I stare out the windows at drivers on the freeway, I notice that probably 1/3rd are texting. Beyond that, I can't believe how long they keep their eyes off the road. For that reason, I'm glad my daily commute involves something 38' long and weighing 45,000 pounds, because I know it's a matter of time before I get rear-ended from someone texting.

[Seanz0rz]

I'm not sure on the radio thing, but I have been on my CB next to plenty of officers over the years, never been a problem.

[4x4mike]

"2-way" radios are exempt. This was a topic a couple years ago when the January 1 laws for that year went into effect. I posted on Expo about it, not sure if I started the thread or just replied, but i believe I linked the DMV ruling.

[4x4mike]

BTW my enchilada rolling is no where near as distracting as my fajita making or my on board Jenga playing.