# Got a ticket for using phone while driving uber, can I fight this?



## Darkmistress (Sep 30, 2016)

So I had a ping for a new request, and as i was accepting it my phone fell off the phone holder, and I grabbed it, accepted the ride, tried to put the charger back into the phone and then I clicked navigate. 

Well this stupid cop (that the person I ended up driving because I had to cancel the other request, said pulled over 3 people right before he got me in the same spot) said next time I need to pull over before I handle the phone, and I explained i had 30 seconds to accept and I was pulling up to a stop sign so I couldnt pull over but he ended up giving me a ticket. Then he thanked me for being kind and courteous to him and drove away! Guess people in my ghetto ass neighborhood go off on him lol

Is this going to effect my uber account and should I fight it? Will uber help pay cuz the cop was being a dick?


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## Fireguy50 (Nov 23, 2015)

Shouldn't talk so much to the police.
Look up California vs Riley cell phone law.
It could have been your word against his if you kept your mouth shut, but now you've gave the back story and this will be a difficult fight.
Next time, no talking!


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## forqalso (Jun 1, 2015)

If you were only putting it back in its holder, maybe you could argue that you weren't using it, since the law bans cell phone use for texting or talking; not contact with a cell phone. 

There is a new law in the pipeline that will ban app use while driving. This will not include apps that only require taps or swipes. Even so, this law is not in effect yet, and there's no law banning app use. Distracted driving is another story; but you weren't ticketed for that.

I doubt uber will care about a cell phone ticket.


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## Darkmistress (Sep 30, 2016)

The court date isnt until december so i dont have to even explain that I was using the phone. I can just tell the judge I was putting it back into the holder. But I will look up that court case. Thanks for the info!


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## Shangsta (Aug 15, 2016)

Darkmistress said:


> So I had a ping for a new request, and as i was accepting it my phone fell off the phone holder, and I grabbed it, accepted the ride, tried to put the charger back into the phone and then I clicked navigate.
> 
> Well this stupid cop (that the person I ended up driving because I had to cancel the other request, said pulled over 3 people right before he got me in the same spot) said next time I need to pull over before I handle the phone, and I explained i had 30 seconds to accept and I was pulling up to a stop sign so I couldnt pull over but he ended up giving me a ticket. Then he thanked me for being kind and courteous to him and drove away! Guess people in my ghetto ass neighborhood go off on him lol
> 
> Is this going to effect my uber account and should I fight it? Will uber help pay cuz the cop was being a &%[email protected]!*?


Uber help? LOL you know that isn't going to happen.

Two things -- you might need a better story "The it fell and I grabbed it" story might not fly with a judge. Also never explain to a cop, you are admitting you did it but saying there were mitigating circumstances - it's still an admission you broke the law.



forqalso said:


> Distracted driving is another story; but you weren't ticketed for that.


That's the big question, what exactly did he ticket you for?


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## Darkmistress (Sep 30, 2016)

Code: Cvc 23123a cell phone use. But i looked up the law in california (after going through 3 diff sites looking for it lol) and using ur phone for GPS or EVEN SEARCHING ON GOOGLE isnt illegal yet in California (will be in January, which I had no idea was changing). Hell you can even take selfies currently in Cal while driving. Just no texting or talking. Welp Im going in telling the judge that I was using the navigation feature and hope he just dismisses it!


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## Fireguy50 (Nov 23, 2015)

https://en.wikipedia.org/wiki/Riley_v._California


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## Shangsta (Aug 15, 2016)

Darkmistress said:


> Code: Cvc 23123a cell phone use. But i looked up the law in california (after going through 3 diff sites looking for it lol) and using ur phone for GPS or EVEN SEARCHING ON GOOGLE isnt illegal yet in California (will be in January, which I had no idea was changing). Hell you can even take selfies currently in Cal while driving. Just no texting or talking. Welp Im going in telling the judge that I was using the navigation feature and hope he just dismisses it!


http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23123

Reading the statute, it sounds like holding a phone at all is considered a violation. Is this the one that hasn't gone into effect yet?


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## Shangsta (Aug 15, 2016)

Fireguy50 said:


> https://en.wikipedia.org/wiki/Riley_v._California


I didn't read it all, but my take is his phone was not confiscated. That's the key to not admitting anything, if you admit you were on the phone you incriminate yourself.

This case would prevent an officer from saying "Let me see your phone to prove you weren't on it"


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## forqalso (Jun 1, 2015)

Shangsta said:


> http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23123
> 
> Reading the statute, it sounds like holding a phone at all is considered a violation. Is this the one that hasn't gone into effect yet?


I'm not sure how you got "no holding" out of "no use".


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## Shangsta (Aug 15, 2016)

forqalso said:


> I'm not sure how you got "no holding" out of "no use".


What difference does it make? He did both.


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## Beur (Apr 14, 2015)

Shangsta said:


> http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23123
> 
> Reading the statute, it sounds like holding a phone at all is considered a violation. Is this the one that hasn't gone into effect yet?


You are correct, it's a handsfree law not a distracted driving or use of phone law.


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## Darkmistress (Sep 30, 2016)

*" pressdemocrat - news - 6143324-181 -no-more-selfies-new-california " (article posted 3 hours ago) 
As far as bad ideas go, there's little distinction between driving and using a cellphone to tap out a text, versus driving and using a cellphone to snap a selfie.*

*But the latter isn't against the law in California. Neither is driving while scrolling through a play list, programming GPS or doing a Google search for pumpkin patches.

Until now, the rules have all revolved around texting and talking. That changes Jan. 1, 2017, when a new law takes effect that significantly expands restrictions on the use of mobile devices behind the wheel.*

According to DMV 
"this law does not prohibit reading, selecting or entering a phone number, or name in an electronic wireless device for the purpose of making or receiving a phone call. Drivers are strongly urged not to enter a phone number while driving."

The first article states that until 2017 I can use my phone for gps and such... The officer never asked to see my phone history so the reply above is null and void.

(Sorry wouldnt let me put in a website just yet)


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## Darkmistress (Sep 30, 2016)

[QUOTE="Shangsta, post: 1539176, member: 
Reading the statute, it sounds like holding a phone at all is considered a violation. Is this the one that hasn't gone into effect yet?[/QUOTE]

Holding the phone ban isnt going into effect until 2017


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## unPat (Jul 20, 2016)

Send the citation to uber. They will pay it .


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## Peanut hello (Sep 19, 2016)

Sometimes they give you a verbal warning, sometimes they give you a ticket..


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