Hands-free law means exactly what it says: Roadshow
Q: A co-worker was cited recently by the CHP near Aptos because he had his cell phone in his hand. He explained to the officer that it was plugged into the charger and he was putting it on the cradle. Traffic was stopped!
He has phone record evidence showing that the phone was not used during the time of ticketing, nor was it used for several hours prior to ticketing. Do you think he has a chance of getting off the ticket if he goes to court?
Dennis Kennedy
A: His odds of winning are 50-50, at best. The first thing he should do is get a traffic attorney to advise him.
If the officer does not show up for the hearing, the ticket will be dismissed. If your co-worker presents his evidence and the judge finds the argument credible, the judge may lower the fine. If your co-worker goes to traffic school and wins the challenge, the ticket could be expunged from his record. If he goes to traffic school and loses the challenge, he’ll pay a higher fine and the ticket will stay on his record.
Q: I’m 76 years old and most mornings I drive my car about a mile to an area where I take a hike. I don’t carry my driver’s license because my hiking shorts don’t have a pocket and I’m afraid I’ll drop or lose my license in some way. Also, my license stays in my wallet so I won’t misplace it.
I carry my phone and it has a photo of my license which I could show to an officer if I got stopped (I haven’t been stopped in over 25 years).
My wife worries that I might get in serious trouble if I got stopped and only had a photo of my license. What do you think might happen if I did get stopped?
John White
A: A mobile or digital driver’s license (mDL or DDL) may someday be legal in California but isn’t yet, nor is just a photo of your license on your phone.
There is no target date for when a digital license will be legal in California. Critics cite privacy issues as a major concern that must be addressed with such a system. Digital licenses are available in about eight states now, and another eight states and territories will implement digital license technology soon.
If you are stopped and have only a photo of your license, you risk getting a misdemeanor with a maximum penalty of six months in jail (which seems unlikely) and a $1,000 fine. Or a violation might be counted as an infraction, with a $250 fine.
Look for Gary Richards at facebook.com/mr.roadshow or contact him at mrroadshow@bayareanewsgroup.com.