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California judge says drivers cannot check maps on their handset while driving; all excuses are now shot down

0. phoneArena 07 Apr 2013, 00:11 posted on

Judge W. Kent Hamlin has ruled that in California giving the cop who just pulled you over the ol, "I was just checking the map on my phone" excuse is not a valid excuse and the defendant in the case, who was given a ticket for talking on his phone while driving, has appealed the ticket although the judge has ruled that it doesn't matter what you were doing on the phone while driving, the result is a distraction to the driver...

This is a discussion for a news. To read the whole news, click here

posted on 07 Apr 2013, 00:18 8

1. tedkord (Posts: 12310; Member since: 17 Jun 2009)


This law is about three things: revenue, revenue, revenue.

posted on 07 Apr 2013, 00:56 23

6. Timmehor (Posts: 599; Member since: 09 Mar 2013)


The law is also about three more things: safety, safety, safety.

posted on 07 Apr 2013, 03:49 2

17. jacko1977 (Posts: 428; Member since: 11 Feb 2012)


if that was true then why do we get fines if its about safety

why not take his licence off him for a week

posted on 07 Apr 2013, 13:17 2

28. tedkord (Posts: 12310; Member since: 17 Jun 2009)


Because if you ground the driver, it's tougher to get a repeat fine from him. If you give him a fine, them out him back on the road, there's a chance you can ticket him for something else, and get more revenue.

posted on 07 Apr 2013, 12:21 2

24. tedkord (Posts: 12310; Member since: 17 Jun 2009)


No, it isn't. How is taking on a phone more dangerous than taking to a passenger? How is holding a phone any more dangerous than holding a soda?

If this we're truly about safety, it wouldn't be a simple fine. There would be true consequences. This law was written ONLY to create revenue.

Texting while driving? Yes, absolutely dangerous. Dialing? Yep. Simply talking? No.

posted on 07 Apr 2013, 15:05

33. darkkjedii (Posts: 22145; Member since: 05 Feb 2011)


100% agreed +1 Ted.

posted on 07 Apr 2013, 19:55 1

39. microsoftnokiawin (Posts: 1178; Member since: 30 Mar 2012)


uhm lets see
taking a phone requires your full attention when you use you stare at the screen you use one hand to operate it. while taking a passanger sits next you and talks to you at the most. and oh yeah lets f**k*n put everyone that breaks the road law in jail that will solve everything fines discourages you from breaking the law that's why it's there you do it more than once then comes more consquences

what does these things have anything to do with banning using maps

posted on 08 Apr 2013, 04:11 1

43. tedkord (Posts: 12310; Member since: 17 Jun 2009)


Hey, genius - I said that dialing while driving was dangerous. Talking on the phone does not require looking at the phone. I requires no more distraction than talking to a passenger.

The law doesn't say that dialing the phone is illegal, it says that talking is. The cop doesn't need to see you dialing while driving, only talking. Not even talking - just holding a phone up to your ear. Which, again, is no more distracting than changing a radio channel.

Which brings us back to the central point - these laws are not passed for safety, they are passed to create revenue streams. Period.

posted on 08 Apr 2013, 05:19

45. Timmehor (Posts: 599; Member since: 09 Mar 2013)


That's your opinion. Period. :)

posted on 07 Apr 2013, 01:00 2

7. Droid_X_Doug (Posts: 5993; Member since: 22 Dec 2010)


Yes and no. Somehow, I suspect that ole Steven was using his cellular as a phone jammed up against his ear. There is an exception:

23123. (a) 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.

Note the part of the section that starts with "...unless that telephone is specifically designed..." Most every smartphone I know of is specifically designed and configured to allow hands-free listening and talking.

posted on 07 Apr 2013, 15:04

32. darkkjedii (Posts: 22145; Member since: 05 Feb 2011)


Safety is a must though Ted, even though you're right about revenue. These laws are set in a way that allows the driver to shoot his or herself in their own foot. Obey and be safe, break it and add to the revenue stream.

posted on 08 Apr 2013, 04:21 2

44. tedkord (Posts: 12310; Member since: 17 Jun 2009)


Except this is supposed to be the land of the free. Our government isn't supposed to be setting us up to "shoot ourselves in the foot" to create more revenue for them to spend.

Look at what most police departments do these days - traffic and drugs. Why? Because those are money makers. Call the cops to tell them your house has been robbed, and you know what will happen? They will take a statement, and that's it. If your items happen to fall into their laps by accident, you might get them back. But there will be no investigation once they leave your premises. Because finding your stolen items brings in zero revenue.

I have been at council meetings where the councilmen complain that the cops aren't writing enough tickets, not bringing in enough revenue. "To protect and serve" has become "to collect(revenue) and serve(fines)".

posted on 08 Apr 2013, 07:30

46. darkkjedii (Posts: 22145; Member since: 05 Feb 2011)


Damn that's deep bro. You're rite too

posted on 07 Apr 2013, 00:21 6

2. LDC207X (Posts: 27; Member since: 15 Mar 2013)


I never thought that talking on your phone looks like your using maps. Whenever I see a person talking on their phone i just assume there using the GPS.

posted on 07 Apr 2013, 00:32 10

4. dexter_jdr (Posts: 1163; Member since: 28 Jun 2012)


if the phone was attached to the car and in the map view, i would not consider it as distracting drivers while driving. but guiding drivers as the phone will be considered as a navigation device, or a digital map. as long as the driver is not holding the phone while driving.

but operating it in hand, thats a different story. you should pull over first before using the phone

posted on 07 Apr 2013, 11:48 4

23. Zero0 (Posts: 592; Member since: 05 Jul 2012)


You hit the nail on the head.

If GPS devices are allowed, using a phone as a GPS is allowed. Setting a destination while driving, that's a different story.

posted on 07 Apr 2013, 00:36

5. clevername (Posts: 1436; Member since: 11 Jul 2008)


Hmmm... I wonder if this ruling can actually set the precedent for making all use of a smartphone illegal in California. I wonder this but cause as of January 1st this year, a new law here in California made it perfectly legal to text while driving as long as some sort of voice to text functionality was being used. Also, the law states that speaking through a hands free wired or wireless component is legal as well.

so this judges ruling seems to contradict 2 previously enacted laws. I know when a supreme court judge makes a ruling it can be used as precedent to change laws. But it never says this judge is a supreme court judge.

the ruling also states "when using ones hands" so does that mean voice guided turn by turn navigation is ok?

posted on 07 Apr 2013, 02:37

10. TheMan (Posts: 491; Member since: 21 Sep 2012)


Precedents are not limited to Supreme Court decisions. Also, it sounds like the judge was debating which is the overriding factor, the letter or the spirit of the law. He seems to favor the latter, i.e., distracted drivers can be lethal and phones can distract in a multitude of ways, not just by talking or texting (that's the truth!)

The law specifies "hands-free" device. If he wanted to use it for navigation and not get pulled over, he should use a navigation mount.

posted on 07 Apr 2013, 19:58 1

40. microsoftnokiawin (Posts: 1178; Member since: 30 Mar 2012)


it's using maps as in holding your phones in your hand scrolling around the map with your hand voice guided turn by turn is ok

posted on 07 Apr 2013, 01:42 1

8. BadAssAbe (Posts: 456; Member since: 22 Apr 2011)


So I can't use my driving apps anymore?

So, many rules to protect ourselves form ourselves.

Please let natural selection take its course faster for all mankind

posted on 07 Apr 2013, 03:11 4

13. Timmehor (Posts: 599; Member since: 09 Mar 2013)


Yes, let people crash and hurt each other for little reasons. Yesssss. Natural Selection isn't about who survives a car crash from an idiot too busy on their mobile phone.

posted on 07 Apr 2013, 02:25 1

9. xperiaDROID (banned) (Posts: 5629; Member since: 08 Mar 2013)


That's why we must use Google Now,
That's why we must use S Voice,
That's why we must use Siri.
(Just say a command, and WALLA!. The Map appears!)

Using these will prevent accidents, we are protected with Safety.......Safety........Safety........

posted on 07 Apr 2013, 02:54 3

11. Nathan_ingx (Posts: 4004; Member since: 07 Mar 2012)


It's not spelled "WALLA", it's 'Voila'...lol.
But according to me, anything that takes the concentration out of the drivers view of the road and mind is a distraction.

posted on 07 Apr 2013, 03:05 1

12. xperiaDROID (banned) (Posts: 5629; Member since: 08 Mar 2013)


Eh? "WALLA" is wrong?

And what's so difficult to say a command, we have 2 eyes and 1 mouth, we can concentrate on driving and saying a command at the same time. :)

It's very simple, c'est très simple.

posted on 07 Apr 2013, 03:14 6

14. Timmehor (Posts: 599; Member since: 09 Mar 2013)


Fun fact: Humans cannot actually multitask. Our brain just quickly switches and jumps from each task. Car crashes can be fatal, and there is no way of fixing that :) So lets not risk it, keep our eyes/mind on the road. Why can't we just set the GPS when getting in? But voice commands are probably the safest alternative.

posted on 07 Apr 2013, 03:28

16. xperiaDROID (banned) (Posts: 5629; Member since: 08 Mar 2013)


The best thing is buying an expensive car, with touch screen GPS Navigation built in the radio, with voice command.
OH, WHAT ON EARTH AM I TALKING ABOUT?

By the way, I agree with you. For more simple and safety, we can just buy a Garmin GPS Navigation unit. There, just waste a hundred dollar and we can begin our journey. :)

posted on 07 Apr 2013, 08:01 1

19. Nathan_ingx (Posts: 4004; Member since: 07 Mar 2012)


Yes, the spelling is wrong but the way you say it is similar. If you spell it the way they say it, literally, it will spell somewhat like "Vwala(h)".
There are tasks which humans can do together like you can sing and cook...you can run and talk, but when you do something with your right hand and try a totally different thing with your left, they will either try to synchronize, or you'll mess it up. Not saying there are none that can multitask, there are certain humans that are gifted to multitask.
Not everyone is 'that' gifted :)

posted on 07 Apr 2013, 19:21

37. Timmehor (Posts: 599; Member since: 09 Mar 2013)


Why are we arguing about how to say " Vwalah" to "Wallah". This is PhoneArena god dammit. XD

posted on 07 Apr 2013, 23:43 1

42. Nathan_ingx (Posts: 4004; Member since: 07 Mar 2012)


There's so much correction going on, i'm entitled to one, atleast, lol.
I get distracted when i read someone type a word wrong, might not make sense to you, i'm just doing myself a favor, :D

posted on 07 Apr 2013, 12:26

25. tedkord (Posts: 12310; Member since: 17 Jun 2009)


All of those still require a button push, ie. not hands free.

The only reason hands free is allowed is that it's impossible for cops to tell. If they could find a way of monetizing that, hands free would be illegal, too.

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