Can I fight cell phone ticket based on being cited for old statute VC23123a(old) if I was not in violation of VC23123.5(new)?

Business 2 views 3 answers
On 4-20-17, I was cited for VC-23123(a) in California. I was sitting at a red traffic light with my phone on my leg, looking at the GPS app listening to music (loud). I was first at the light and didn't notice the LEO behind me. As soon as the light turned green, I started to go and he instantly hit his lights and cited me for the older cell phone statute that has since been replaced (or added to, not sure) by VC-23123.5. I was not in violation of VC-23123(a) as far as I can tell b/c I was not talking on my phone, nor did I have it in my hand. The officer commented that I must have a powerful stereo b/c he heard it from a block away, so he can't really claim that he thought I was talking on it. He did not cite me for the loud music although he certainly could've. I know that clarification of the law came with VC-23123.5, but he did not cite me for that and my Notice reflects what he wrote, ie, VC-23123(a). Does the fact that he cited me incorrectly (I'm sure, he meant to write 23123.5), allow me to be subjected ONLY to standards of the VC cited, thus allowing the defense used in the People v. Spriggs appellate decision?

Attorney Answers

3
Jay Finnecy ·
Sounds like a creative defense. Let's hope the traffic judge/commissioner "buys" it. Cannot predict the outcome for you.
0 upvotes
Andrew Roberts ·
Interesting defense- good luck to you.
0 upvotes

People Also Asked