Q: I received a text message and instead of dealing with it while driving, I slowed down, pulled over and turned off my car. For all intents and purposes, I was parked. But a police officer came over and ticketed me for texting. I protested to no avail. He said he had been following me. I plan to fight this one. Your thoughts?
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D.H. Hawthorne
A: California Vehicle Code Section 23123.5 generally prohibits a driver from holding and operating a handheld wireless phone while driving. The question in your case is: Were you driving or operating the car?
You indicate “for all intents and purposes” you were parked, and the car was turned off. I am presuming you were legally parked and not obstructing traffic. If so, I question how you could be said to be driving, or engaged in traffic, and thus the ticket may not be proper.
If, however, you somehow were impeding traffic, even partially, or just temporarily paused as opposed to actually parking, or if you started the text before turning off the engine, then the police officer may have an argument about illegal texting. Did the officer explain the basis for giving you the ticket?
If I follow your description correctly, then in my view, you have the stronger argument: You were legally parked, stationary, the car was turned off, and then and only then did you text. My suggestion is you carefully review Vehicle Code Section 23123.5, and be quite clear in court when you fight the ticket. I hope it works out for you.
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Q: So we are not allowed to text while driving, but are there any exceptions?
K.W., Carson
A: Emergency personnel, such as law enforcement, firefighters and paramedics, who are working — which means carrying out their official responsibilities as part of their jobs — are an exception. Passengers also can hold their devices and freely use them; the driver is the one who should not.
Basic rule
Many people now have vehicles with built-in, hands-free systems that make it possible for you to text by voice while driving. It is hands-free and generally legal, but even then, there are exceptions. So make sure the phone is integrated into your car’s dashboard system. If you respond to a text verbally, that usually is OK so long as you are not typing, scrolling or operating the phone while driving.
Examples of where trouble can arise are: You pick up your phone to read, email or text; you manually enter a text on the dashboard; you tap or scroll through messages; or you drive unsafely even though you have hands-free technology.
Ron Sokol has been a practicing attorney for more than 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
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