A SIMPLE traffic ticket just rewrote the rules of the road for every driver.
What started as a $158 fine led to a landmark court ruling expanding how the state interprets distracted driving laws.
GettyThe law in question bans handheld use of phones while driving (stock image)[/caption]The decision was handed down Tuesday by the California Court of Appeal for the Sixth Appellate District.
It centered on a driver who got pulled over in Santa Clara County for holding his phone while using GPS.
Nathaniel Gabriel Porter was slapped with a ticket for using a wireless device while driving, CW affiliate KRON reported.
But he wasn’t texting, calling, or even scrolling – he was simply holding the phone to look at directions.
He took the case to court and initially won.
A lower court ruled because he wasn’t actively using or manipulating the phone, it didn’t count as a violation.
Judges said under California law, “merely observing GPS directions on the phone” wasn’t enough to trigger an infraction.
However, that decision has now been reversed.
In a ruling released on Tuesday, appellate judges said holding a phone to look at a map is still considered “operating” a device under the law.
“Allowing a driver to hold a phone and view a mapping application, even if not touching the phone’s screen, would be contrary to the Legislature’s intent,” the court wrote.
The law in question bans handheld use of phones while driving, but didn’t spell out GPS use in detail.
Now, the court says that includes any function of a handheld phone, even just looking at the phone without engaging with it.
That means GPS, audio controls, or any other feature still counts if the phone isn’t mounted or hands-free.
“The court concluded ‘there must be something equated to carrying out a function, actively using or manipulating the phone while holding and driving,’” documents state.
How to fight a speeding ticket
According to a legally reviewed post, there are five effective strategies to fighting a speeding ticket if it was wrongfully issued.
If pulled over and issued a ticket, drivers can argue or dispute a driver’s personal opinion. When issuing a speeding ticket, an officer is required to write their opinion and come to an “objective” conclusion. If the ticket was written based on that judgment, it can be contested. An example would be if you were going 75 mph in a 65 mph zone because others were traveling at the same speed, you could argue that it would be more dangerous to travel at 65 mph. You can dispute the officer’s presentation of evidence. If you were ticketed for something like running a stop sign or making an illegal u-turn, you can’t contest that if an officer saw you, but you can call things into court like eyewitnesses, diagrams, or photos. Argue that the ticket was issued by a “mistake of fact.” This is tricky, but a “mistake of fact” is a mistake made by a driver about a situation that was beyond their control, or if a driver legitimately did not know they were violating the law. For example, you were driving in two lanes because the lane markers were so worn down that you could not see them. You could say circumstances justified your driving. You could say you were speeding to pass a possibly drunk driver, or avoiding an accident by rapidly changing lanes. However, the argument won’t work if there’s proof you continued to speed after passing. Similar to the above, it could be argued that speeding was necessary to avoid harm. The key is to argue that if you weren’t speeding, you or someone else could have been harmed. Consult a traffic attorney, if all else fails. Many have free consultations to decide whether or not there’s a case.Source: FindLaw
“This may include talking, listening, emailing, browsing the internet, playing video games, or otherwise engaging with the smartphone.”
Porter’s original fine has been reinstated.
The case sets a legal precedent for how California interprets its distracted driving statute.
Drivers may no longer rely on the technicality that they weren’t tapping the screen if the phone is in their hand.
To avoid a ticket, the court made it clear – phones must be mounted or used completely hands-free.
The decision could lead to tougher enforcement across the state.
It also shuts down a legal gray area that allowed some drivers to fight their citations.
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