Warning: it is now legal to look at your smartphone while driving in CA
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Warning: it is now legal to look at your smartphone while driving in CA
https://www.sfgate.com/news/article/C...to-5274997.php
So apparently taking your eyes off the road and looking at a map is not dangerous... at least according to this judge that dismissed the ticket for cell phone use.
So cyclists, pedestrians, and other road users beware... distraction by looking at a map on a hand held device is apparently OK.
It's illegal in California to talk or text on a handheld cell phone while driving. But it's OK to pick up your phone and look at a map to see where you're going and how to get there.
That was the message Thursday from a state appeals court in Fresno, which threw out a driver's traffic ticket and $165 fine for using a map app in a traffic jam.
That was the message Thursday from a state appeals court in Fresno, which threw out a driver's traffic ticket and $165 fine for using a map app in a traffic jam.
The driver, Steven Spriggs of Fresno, was stuck in freeway traffic on Highway 41 in January 2012 and pulled out his iPhone for a map to find another route. A Highway Patrol officer saw him holding the phone and pulled him over.
Spriggs challenged his ticket, but lower courts agreed with prosecutors that the law forbids all use of handheld phones. On Thursday, the appeals court said that's an unreasonable interpretation of the statute's language and history.
Spriggs challenged his ticket, but lower courts agreed with prosecutors that the law forbids all use of handheld phones. On Thursday, the appeals court said that's an unreasonable interpretation of the statute's language and history.
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The judge ruled as he did because the statute was vague. Do not blame the judge for following the law. Blame the legislators, and their lobbyists (who write mosts laws) for writing a vague statute.
Having said that--I agree with you, this will now only encourage even more distracted driving.
Having said that--I agree with you, this will now only encourage even more distracted driving.
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while that sucks and all, if he was in a traffic jam, i can see why the guy needed to peek at a map.
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I don't see how looking at a map on your phone is any different than looking at a paper map or a map on a GPS device. Either way you're taking your eyes off the road.
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I use a talking GPS... she tells me where to turn and I continue to look out the windshield and verify that the turn exists, and that I am not driving into a body of water or other hazard. Works fine for me.
I do have a map app on my cell phone, but I only use it while parked, and I memorize the streets I need to know to get there. That map app on the phone is NOT smart enough to know exactly where I am, so I don't trust it to "drive."
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so. if i'm reading this correctly, the defendant took a look at his GPS / cell phone map while he was stuck in traffic. i further surmise that perhaps he was STOPPED in 'stuck' traffic. now, if this is correct, you'll never convince me that this situation carries the same risk of consequence as doing this act while driving at speed. AND, if this assumption is correct, then tossing the ticket was the reasonable thing to do.
let's be honest folks: auto makers now install GPS displays as standard ewuipment. that is, a designed and built-in distraction. so, who is condoning the risky behavior ?
let's be honest folks: auto makers now install GPS displays as standard ewuipment. that is, a designed and built-in distraction. so, who is condoning the risky behavior ?
#14
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I'd be interested in see the judges decision and how narrowly or broadly it limits ticketing for use of smartphones.
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The piecemeal approach to distracted driving makes little sense. It's motivated by the desire by legislators to "do something" about a problem, without actually doing anything.
We'll never address this issue through unenforceable laws or laws that are enforced unevenly. It's a question of responsibility, and rather than creating a bunch of narrow rules, we let drivers take more responsibility with mandated higher deductibles on insurance, including deductibles and some level of co-insurance for both the medical (PIP) and liability portions.
Drivers will be more motivated to be more careful, if they have heir own dough at risk.
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#16
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When I drive my smartphone goes in the cradle and will display messages like email and text and if needed, provide me with a GPS / map.
Do I look at while I am moving in city traffic ?
Nope.
On the open road I can glance at the GPS if I am looking for a turn off... it is no more distracting than changing the radio station.
I have a hands free kit for making / taking calls with voice recognition so I only have to say a person's name to call them or tap the headset to receive calls if I am in a place to do that.
Do I look at while I am moving in city traffic ?
Nope.
On the open road I can glance at the GPS if I am looking for a turn off... it is no more distracting than changing the radio station.
I have a hands free kit for making / taking calls with voice recognition so I only have to say a person's name to call them or tap the headset to receive calls if I am in a place to do that.
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Yes, but historically folks have not been cited for looking at paper maps while driving.
The piecemeal approach to distracted driving makes little sense. It's motivated by the desire by legislators to "do something" about a problem, without actually doing anything.
We'll never address this issue through unenforceable laws or laws that are enforced unevenly. It's a question of responsibility, and rather than creating a bunch of narrow rules, we let drivers take more responsibility with mandated higher deductibles on insurance, including deductibles and some level of co-insurance for both the medical (PIP) and liability portions.
Drivers will be more motivated to be more careful, if they have heir own dough at risk.
The piecemeal approach to distracted driving makes little sense. It's motivated by the desire by legislators to "do something" about a problem, without actually doing anything.
We'll never address this issue through unenforceable laws or laws that are enforced unevenly. It's a question of responsibility, and rather than creating a bunch of narrow rules, we let drivers take more responsibility with mandated higher deductibles on insurance, including deductibles and some level of co-insurance for both the medical (PIP) and liability portions.
Drivers will be more motivated to be more careful, if they have heir own dough at risk.
Unfortunately legislators think they need to pass laws in order to look like they're doing their jobs.
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but but but ... in the old days it wasn't illegal to look at a real map!
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Sounds like he was stuck in a serious traffic jam where traffic would frequently be stopped or just barely moving. Under those conditions there wouldn't be any safety issue with a glance at the map while waiting for traffic to start moving again and the officer should never have issued the citation in the first place.
"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, unless the electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation to dictate, send, or listen to a text-based communication, and it is used in that manner while driving. (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 or if a person otherwise activates or deactivates a feature or function on an electronic wireless communications device."
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so. if i'm reading this correctly, the defendant took a look at his GPS / cell phone map while he was stuck in traffic. i further surmise that perhaps he was STOPPED in 'stuck' traffic. now, if this is correct, you'll never convince me that this situation carries the same risk of consequence as doing this act while driving at speed. AND, if this assumption is correct, then tossing the ticket was the reasonable thing to do.
let's be honest folks: auto makers now install GPS displays as standard ewuipment. that is, a designed and built-in distraction. so, who is condoning the risky behavior ?
let's be honest folks: auto makers now install GPS displays as standard ewuipment. that is, a designed and built-in distraction. so, who is condoning the risky behavior ?
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I wonder how often the "I was just checking the map" excuse will now be used in the future.
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Being real much of the "distracted driving debate is nonsense. For about a century, folks have been checking maps (paper) & tuning radios. More recently, they've been digging through a stock of CDs, eating, looking for snacks, doing make up, sneezing, coughing and blowing their noses, and all sorts of other momentary distractions.
So the technology has changed, but the reality hasn't, except for degree. Whereas, folks were only occasionally distracted before, now, cell phone habits have made it nearly constant.
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An ounce of diagnosis is worth a pound of cure.
Just because I'm tired of arguing, doesn't mean you're right.
“One accurate measurement is worth a thousand expert opinions” - Adm Grace Murray Hopper - USN
WARNING, I'm from New York. Thin skinned people should maintain safe distance.
Last edited by FBinNY; 02-28-14 at 04:59 PM.
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Being real much of the "distracted driving debate is nonsense. For about a century, folks have been checking maps (paper) & tuning radios. More recently, they've been digging through a stock of CDs, eating, looking for snacks, doing make up, sneezing, coughing and blowing their noses, and all sorts of other momentary distractions.
So the technology has changed, but the reality hasn't, except for degree. Whereas, folks were only occasionally distracted before, now, cell phone habits have made it nearly constant.
So the technology has changed, but the reality hasn't, except for degree. Whereas, folks were only occasionally distracted before, now, cell phone habits have made it nearly constant.
Of course the laws tend to miss the key point of most studies that I've seen on the dangers of cellphone use while driving - the problem is the lack of concentration on driving tasks, not whether your hand is holding the phone. Hand-free vs. handheld makes very little difference in the degree of distraction or the increased danger, yet that's what the laws in most states emphasize.
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#25
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....and here I thought all along that our hands free cell phone law prohibited one from even having a cell phone in their hand while driving a motor vehicle.......... silly me.