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Dialing in on cell phone violators
Most drivers seem to be following law during its first day
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Jason Redmond / Star staff California Highway Patrol Officer Steve Reid talks to the driver of a vehicle he pulled over for talking while holding onto a cell phone in Camarillo on Tuesday.
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Steve Reid started his workday Tuesday wondering how many motorists he would find violating California's new cell phone law, which had been in place only since midnight.
"It's hard to say how many violators we'll have," Reid, a California Highway Patrol officer in Ventura, told a reporter as he walked toward his patrol car shortly after 6 a.m. "We'll just have to see."
After driving for an hour over the county's roads and freeways, Reid had found only one violator.
The officer let the motorist off with a warning, reminding him that it is against California law to drive and talk on a cell phone while holding the phone, except in an emergency.
Drivers must use a hands-free device such as an earpiece or headset. Those younger than 18 cannot talk at all while driving, whether they are using a hands-free device or not.
An hour later, Reid spotted another driver holding a cell phone to his ear, heading the opposite direction on Pacific Coast Highway near the Ventura-Los Angeles County line. By the time he made a U-turn and caught up with the person he thought was the offending motorist, Reid could no longer be sure it was the same driver.
Rather than stop the wrong person, he decided to let him go.
"It's actually a good thing we're not finding people on their cell phones," said Reid, getting back into his patrol car.
Whether motorists will continue to comply with the new law is anyone's guess, he said.
Reid credited the high rate of compliance Tuesday to the long lead time between the law's passage and its implementation.
Gov. Arnold Schwarzenegger signed the legislation into law in September 2006. Since then, there has been a long education campaign to let anyone driving in California know that the rules were changing.
There will be no grace period for violators, according to local authorities. Instead, it will be up to the officer to decide whether to cite someone.
While the CHP and most police agencies were enforcing the new law immediately, police in San Diego and in Oceanside were giving motorists a one-month grace period before issuing citations.
Electronic information signs along freeways have been warning drivers for weeks that cell phone restrictions were going into effect Tuesday.
A first citation carries a $20 fine. There's a $50 fine for subsequent violations. That does not include the added administrative costs, which could easily add another $150 or more to the cost of a ticket.
The law allows a driver to talk on a cell phone while holding it to his ear in emergency situations. However, those who do may have to explain to an officer why they weren't using an earpiece instead.
Commercial-vehicle drivers can use push-to-talk phones until July 1, 2011.
The new law passed despite a study showing that what matters most when it comes to safety is being distracted by conversation while driving, not holding a phone to your ear. But a new study by the Public Policy Institute of California found that the new law could still save 300 lives a year.
"It's certainly a step in the right direction," Reid said of the new law.
Connecticut, New Jersey, New York, Utah, Washington and the District of Columbia already have similar laws on the books.
Camarillo driver Alice Amerault said it's too early to tell whether the law will make roads any safer.
"I would hope that it helps, but we need to wait and see what happens," said Amerault, as she prepared to go shopping at the Camarillo Premium Outlets on Tuesday morning.
As to what she would do if a family member or someone she is close to absolutely needs to contact her by cell phone while she's on the road, Amerault said she's considering establishing a code that would be sent to her cell phone, letting her know of an emergency. In that case, she said, she would pull off the road and stop in a safe spot before responding by phone.
"Safety should always be a priority," she said.
Police agencies in Ventura County and across the state had no immediate count of citations issued and noted that, as with other driving laws, officers have the discretion to issue warnings.
CHP Officer Heather Hoglund, a spokeswoman in Glendale, said she noticed a difference in motorists' behavior Tuesday.
"I did not see one person holding the phone," she said.
Authorities hope the law also will reduce traffic accidents. Several studies have shown that using cell phones distracts drivers and may increase accidents, although there is scant evidence that using a hands-free device mitigates the problem.
New York, the first state to enact a hands-free law in 2001, reported 1,170 crashes from 2001 through 2006 in which hand-held cell phones were considered a factor, vs. 214 involving hands-free devices, according to the New York Department of Motor Vehicles.
Hoglund, of the CHP, has seen people weaving in lanes, speeding or suddenly slowing and thought they were drunk. But when she pulled them over, the drivers acknowledged they were on cell phones, she said.
— The Associated Press contributed to this report
On the Net:
The California Department of Motor Vehicles: http://www.dmv.ca.gov/cellularphonelaws/index
Posted by lawson_wayne on July 2, 2008 at 12:02 a.m. (Suggest removal)
Since the law says you can't talk on your cell phone we should hold our phones in talking position. The only real proof that your were talking is your cell phone bill. Politely tell the cop you were not talking on the phone just holding it up. Take your bill to court the judge has no choice but to find you not guilty. The court system will be clogged and this ridiculous law will be repealed or not enforced. Police should be looking for unsafe drivers and cars.
Posted by toy.runner on July 2, 2008 at 6:57 a.m. (Suggest removal)
They are looking for unsafe divers! People driving and talking on cell phones is proven to be unsafe, thus the law!
Posted by keepin_it_real on July 2, 2008 at 6:59 a.m. (Suggest removal)
If you are driving and holding a phone to your ear, i agree it can be destracting, expecially if you are making a turn and if you drive a stick. I know and I have been guilty of it. I have a bluetooth, and in the past would still hold my cell to my ear and talk because my bluetooth isn't on. Yesterday while driving, I saw 2 cars on the side of the road and the driver was talking on their cell phones.
What I don't understand is, a person that is under 18 can't even use a hands free device. If that is the case, then don't let them have passengers in the car because it is the same thing. Any one at any age can get destracted by conversation whether people are in the car of hands free device, same thing.
Posted by keepin_it_real on July 2, 2008 at 7:04 a.m. (Suggest removal)
P.S. I think these stupid bumping stereos are more dangerous than a teenager driving and talking on a hands free device. Crack down on those!!!
Posted by luv2sail on July 2, 2008 at 8:40 a.m. (Suggest removal)
Funny part is it is not illeagal to dial the phone while driving, taking your eyes off the road while dialing. Riddle me that.
Posted by JenLynn on July 2, 2008 at 9 a.m. (Suggest removal)
Texting while driving is more dangerous then talking while driving! I see more people on their Blackberry things reading them then talking into them.
Posted by Prodigy on July 2, 2008 at 9:32 a.m. (Suggest removal)
I agree Toyrunner! Plus, you can be compliant for very little money...
http://blogs.venturacountystar.com/mo...
Here is the info. I found on texting while calling thanks to Motorheads blog.
Q: Does the new “hands-free” law allow drivers 18 and over to text message while driving?
A: The law does not specifically prohibit that, but an officer can pull over and issue a citation to a driver of any age if, in the officer’s opinion, the driver was distracted and not operating the vehicle safely. Sending text messages while driving is unsafe at any speed and is strongly discouraged.
Posted by bugmenot on July 2, 2008 at 9:50 a.m. (Suggest removal)
keepin_it_real:
vehicle code section 12814.6 is in reference to a provisional license given to minors.
(1) Except as specified in paragraph (2), during the first 12 months after issuance of a provisional license the licensee may not do any of the following unless accompanied and supervised by a licensed driver who is the licensee’s parent or guardian, a licensed driver who is 25 years of age or older, or a licensed or certified driving instructor::
(A) Drive between the hours of 11 p.m. and 5 a.m.
(B) Transport passengers who are under 20 years of age.
Posted by THX1138 on July 2, 2008 at 12:21 p.m. (Suggest removal)
IMO we should ban all use [at least on the freeway]- drivers need to focus on driving. And, if you have to make an emergency call, then pull off onto the shoulder.
The hands-free was probably a compromise made with mobile phone company lobbiest. In their eyes profits are more important than lives... Think of the money they'd lose if all use was disallowed.
Posted by jjp009 on July 2, 2008 at 1:05 p.m. (Suggest removal)
I saw a d*****bag last week driving with one knee while TEXTING on a full keyboard phone with both hands! Unbelievable. I honked and when he looked over at me, I gave him the finger. He swerved trying to give me the finger back because his hands were full and his head was empty.
Posted by Now on July 2, 2008 at 5:33 p.m. (Suggest removal)
jjp009 - Why would you escalate an already precarious situation? That doesn't make any sense.
Posted by live_for_purpose on July 3, 2008 at 11:10 p.m. (Suggest removal)
Pulling over (especially on the freeway) to call is riskier than using the phone while driving, unless you are a lame brain who can't handle things like walking and talking at the same time. Pulling off and then back on (as well as sitting there) is dangerous. Rest assured, if I see a driver who appears drunk, I'll dial 9-1-1 and it will be without a hands-free device and it will be while I am driving full speed ahead!
Posted by crazymind20082009 on July 5, 2008 at 12:50 a.m. (Suggest removal)
Every day we all have conversations in the car, the kids, the friends, the family members, making a list to go to the market. The list can go on. I belive that talking is not waht the main issue is, and that is the conversation that can take place and put someone emotionally harm.
Posted by zomalaja on July 6, 2008 at 9:37 a.m. (Suggest removal)
jjp009 - do you know how many nut cases there are out there ? I wouldn't flip anyone off nowadays, you never know if that person is a maniac.
Posted by bjd11392 on July 12, 2008 at 7:44 p.m. (Suggest removal)
Cell phone driving is a small piece of the pie when it comes to distractions. There are still plenty of bad habits yet to be viewed, and it appears the cell phone is getting the bad rap.
First, I'd like to say, there are a lot of people out there who are just NATURALLY BAD drivers. Here are some other issues to chew on: eating while driving, shaving, putting on make up, playing with your GPS system, dealing with unruly children, elderly drivers, slow drivers in the fast lane, frequent lane-changers... what else would you like? I'm sure you've been behind or beside one or more of these drivers, and yet all we truly think about is whether or not someone's talking on a phone.
If you think this is going to solve anything, you've barely scraped the surface when it comes to how bad drivers truly are.
Posted by opns on August 15, 2008 at 11:12 a.m. (Suggest removal)
keepin it real - "P.S. I think these stupid bumping stereos are more dangerous than a teenager driving and talking on a hands free device. Crack down on those!!!"
I agree 100% I don't see the purpose of such blasters in the cars. If only they could see how real stupid they look.
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