San Diego DUI attorneys are told police are stopping lots of people based on mistaken beliefs that the drivers are on their cell phone or texting while driving. Lawyers say they then arrest the San Diego driver for drunk driving. Here’s a look at the two sections:
TEXTING
VEH. CODE § 23123.5 : California Code – Section 23123.5
(a)A person shall not drive a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication.
(b)As used in this section “write, send, or read a text-based communication” means using an electronic wireless communications device to manually communicate with any person using a text-based communication, including, but not limited to, communications referred to as a text message, instant message, or electronic mail.
(c)For purposes of this section, a person shall not be deemed to be writing, reading, or sending a text-based communication if the person reads, selects, or enters a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a telephone call.
(d)A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.
(e)This section does not apply to an emergency services professional using an electronic wireless communications device while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.
Cell Phone California Vehicle Code Section 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.
(b)A violation of this section is an infraction punishable by a base fine of twenty dollars () for a first offense and fifty dollars () for each subsequent offense.
(c)This section does not apply to a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.
(d)This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.
(e)This section does not apply to a person when using a digital two-way radio that utilizes a wireless telephone that operates by depressing a push-to-talk feature and does not require immediate proximity to the ear of the user, and the person is driving one of the following vehicles:
(1)(A)A motor truck, as defined in Section 410, or a truck tractor, as defined in Section 655, that requires either a commercial class A or class B driver’s license to operate.
(B)The exemption under subparagraph (A) does not apply to a person driving a pickup truck, as defined in Section 471.
(2)An implement of husbandry that is listed or described in Chapter 1 (commencing with Section 36000) of Division 16.
(3)A farm vehicle that is exempt from registration and displays an identification plate as specified in Section 5014 and is listed in Section 36101.
(4)A commercial vehicle, as defined in Section 260, that is registered to a farmer and driven by the farmer or an employee of the farmer, and is used in conducting commercial agricultural operations, including, but not limited to, transporting agricultural products, farm machinery, or farm supplies to, or from, a farm.
(5)A tow truck, as defined in Section 615.
(f)This section does not apply to a person driving a school bus or transit vehicle that is subject to Section 23125.
(g)This section does not apply to a person while driving a motor vehicle on private property.
(h)This section shall become operative on July 1, 2008, and shall remain in effect only until July 1, 2011, and, as of July 1, 2011, is repealed.