Drivers in the states of California and Washington will now have to use hands free cell phones while driving. Both California and Washington have enacted new laws banning hand-held cell phone use while driving. The new cell phone ban laws are effective as of July 1, 2008.
California Vehicle Code Section 23123(a) prohibits drivers from using a wireless telephone while driving unless the cell phone is capable of both hands free listening and talking and is used in that manner while driving. The law provides some exemptions which defy belief, such as school bus drivers.
California Vehicle Code Section 23124 prohibits drivers under the age of 18 from using a wireless telephone, even if hands-free.
If you drive in either California or Washington, make sure that you use a headset or speakerphone while talking on your cell phone and driving. Usually, within the first few months of a new law, in order to create awareness of the law, there is increased enforcement by the police resulting in an unusually high amount of traffic tickets being issued.
With just a small fine and no points, you may not need a California traffic ticket lawyer for this one, but other serious consequences may become a reality. Driving without a hands-free cell phone will give a police officer probable cause to pull you over and issue a traffic ticket.
To make a DUI or DWI arrest or an arrest for illegal drugs, firearms or other illegal items, a police officer needs probable cause to pull you over. For instance, driving erratically would provide probable cause to pull you over to determine if you are driving under the influence of alcohol or drugs.
Even without driving erratically, you may be arrested for DUI, DWI, illegal drugs or other offenses if you are stopped while talking on a cell phone which is not hands-free. After you have been stopped by the police for talking on a handheld cell phone, the police officer may be able to obtain additional probable cause to arrest you for DUI or DWI if the police officer determines that you are driving while drunk.
Additionally, once you have been stopped, the police officer may be able to obtain additional probable cause to search your car for illegal drugs, illegal firearms and other illegal substances.
While not necessarily a big deal, a traffic ticket for illegal cell phone use while driving can lead to serious consequences involving possible jail time, serious fines, and requiring you to hire a California DUI lawyer or a California drug lawyer.
