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Using Handheld Phone GPS While Driving Is Legal In California

jfruh writes "Steven R. Spriggs was ticketed and fined $165 for violating California's law on cell phone use while operating a motor vehicle, which states that you can only use a phone while driving if you have a hands-free device. But he appealed the judgement, arguing that the law only applied to actually talking on the phone, whereas he had been caught checking his GPS app. Now an appeals court has agreed with him. The law in question was enacted in 2006, before the smartphone boom."

29 of 142 comments (clear)

  1. Still should be hands free by Cidtek · · Score: 2

    No reason why a windshield or dash mount cant be required for using the phone as a gps.

    1. Re:Still should be hands free by pr0fessor · · Score: 3, Informative

      No reason why a windshield or dash mount cant be required for using the phone as a gps.

      A cell phone mount is required in some states to use it for gps including the one I live in. I had three cars totaled while they were parked by cell phone users two before they passed a no cell phone law and once after.

    2. Re:Still should be hands free by macraig · · Score: 3, Funny

      Except ironically that would require repealing laws in California since windshield mounts were made illegal many years ago. I can't recall whether dash mounts were similarly criminalized. California became a nanny state a long time ago and that nanny is a German fraulein bitch.

    3. Re:Still should be hands free by Anonymous Coward · · Score: 2, Funny

      that nanny is a German fraulein bitch.

      Kinda like Senator Dianne Feinstein?

    4. Re:Still should be hands free by BradMajors · · Score: 3, Informative

      Windshield mounts are legal in California in the lower left hand corner of the window.

    5. Re:Still should be hands free by pepty · · Score: 3, Informative

      Except ironically that would require repealing laws in California since windshield mounts were made illegal many years ago. I can't recall whether dash mounts were similarly criminalized. California became a nanny state a long time ago and that nanny is a German fraulein bitch.

      Oh the horror of not being allowed to put your GPS where it will block your view or get launched into your skull by an airbag. You can mount it to the windshield, but it has to be in a corner.

      (12) A portable Global Positioning System (GPS), which may be mounted in a seven-inch square in the lower corner of the windshield farthest removed from the driver or in a five-inch square in the lower corner of the windshield nearest to the driver and outside of an airbag deployment zone,

    6. Re:Still should be hands free by BattleApple · · Score: 2

      No states ban all cell phone use while driving. Some states ban cell phone use under certain conditions - novice drivers, school bus drivers, commercial vehicles, etc.

    7. Re:Still should be hands free by PRMan · · Score: 2

      Windshield mounts were made legal about 4-5 years ago, as long as they fit in the lower left corner of your windshield.

      --
      Peter predicted that you would "deliberately forget" creation 2000 years ago...
    8. Re:Still should be hands free by pr0fessor · · Score: 2

      Kansas did about five or six years ago you can talk on the phone but texting and apps are a $60 fine. if you are using it for GPS it needs to be in some kind of mount.

      Same in Colorado and Nebraska but I'm not sure how much the fine is.

      Missouri bans texting for driver under 21 years old.

      Oklahoma bans texting or cell phone use for intermediate or learner permits and a distracted driving law that a cell phone could fall under if you are in an accident while using it.

    9. Re:Still should be hands free by crankyspice · · Score: 2

      Except ironically that would require repealing laws in California since windshield mounts were made illegal many years ago.

      Whatchotalkin' 'bout Willis?

      Cal. Veh. Code 26708(b)(12): “A portable Global Positioning System (GPS) ... may be mounted in a seven-inch square in the lower corner of the windshield farthest removed from the driver or in a five-inch square in the lower corner of the windshield nearest to the driver ...”

      --
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    10. Re:Still should be hands free by parkinglot777 · · Score: 4, Informative

      What states ban cell phone talking while driving?

      Here you are http://www.ghsa.org/html/state...

    11. Re:Still should be hands free by gnick · · Score: 2

      I don't know about state laws, but you'd better be "hands-free" in Santa Fe. Personally, I find someplace to pull over should I need to talk because I find myself distracted but am safer looking at a GPS-focused map than craning my neck to figure where the hell I'm going. My wife's just the opposite - She talks on the phone just fine while driving, but looking at a GPS unit could endanger herself and others.

      --
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    12. Re:Still should be hands free by asylumx · · Score: 3, Insightful

      There's an argument to be made that putting it nearer the center of the windshield helps you keep your eyes on the road, whereas putting it off in a corner makes you take your eyes off the road to look at it. Yes, it may block part of your vision beyond the windshield in that spot, but like I said, there's an argument to be made. If there weren't at least two sides to it, it wouldn't be much of an argument now would it?

    13. Re:Still should be hands free by JeffAtl · · Score: 3

      Unless the law explicitly excludes it, being pulled over anywhere while sitting in the driver's seat with the keys accessible is considered "driving".

      A person can get a DUI while sleeping in their car in a parking lot.

  2. Why was he pulled over? by Dareth · · Score: 4, Interesting

    If he was only pulled over because the officer observed him using an electronic device then the driver was correct. If he was pulled over for dangerous or reckless driving while using a device then the office wrote him the wrong ticket.

    --

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    1. Re:Why was he pulled over? by H0p313ss · · Score: 4, Informative

      Spriggs said he was stuck in traffic at the time, and therefore it would have been impossible to be driving recklessly.

      He has also said that he opposes phone calls and texting while driving and would support reckless driving charges for mobile phone users where appropriate, but this was not one of those cases so he challenged the ticket.

      --
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    2. Re:Why was he pulled over? by kamapuaa · · Score: 3, Funny

      If he didn't get into a car accident, then he was driving wrecklessly.

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    3. Re:Why was he pulled over? by WiiVault · · Score: 2

      Totally agree with the verdict. But to suggest that being stuck in traffic makes it impossible to drive recklessly isn't realistic. That said any distinction between a Garmin or inbuilt mapping and using a mobile is absurd and the court thankfully agreed.

  3. Re:Yes, that's obviously safer by StatureOfLiberty · · Score: 5, Informative

    Looking at the screen and interacting with it is obviously safer than holding the phone to your ear and talking to someone. Don't be an idiot. You're operating a two ton machine at speed. Keep your eyes on the road.

    Steven R. Spriggs, the appellant, held his mobile phone in his hand to use the mapping application to find his way around the congestion when STOPPED in heavy traffic

    This person was not moving at the time. On top of that, if the phone had been a Garmin GPS instead of a phone the ticket would never have been issued even though the user would have been using both devices in the same way.
    This kind of stuff is just stupid.

  4. Re:Dumb ruling by Yold · · Score: 2

    Read the article, there is a relevant clause of the legislation that is open to interpretation. This is why we have courts, so that the interpretation of laws can progress with changes to technology, society, etc.

    How are police supposed to distinguish between drivers texting and drivers using their GPS? Texting requires hands-free operation, so should using a GPS.

  5. Re:Dumb ruling by gurps_npc · · Score: 4, Informative
    If you want to uphold the real spirit of the law you outlaw any use of any phone - mount or not.

    Studies have shown that hands free mountings do NOT reduce accidents.

    --
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  6. Re:Dumb ruling by JesseMcDonald · · Score: 5, Insightful

    Even better: Make the navigation app stop responding to input whenever the phone is moving.

    The phone can't distinguish between the driver using the phone while it's moving and a passenger using the phone while it's moving. I, for one, would be very annoyed if my phone stopped working whenever I was riding in someone else's car, or on public transportation. There's also the fact that this misfeature would actively prevent a passenger from assisting the driver with navigation functions.

    --
    "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  7. Re:Dumb ruling by Kryptonian+Jor-El · · Score: 2

    So you suggest people stopping on the freeway and waiting until they can make changes to their device? How about we just make the driving test harder so not every shit driver can get one

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  8. Re:Yes, that's obviously safer by Wycliffe · · Score: 4, Interesting

    Stop and go traffic is among the most accident prone situations.

    This might be true. But accidents are not all equal. You are MUCH more likely to die
    or seriously injure someone while driving at high speed than in slow stop and go traffic
    because of both the speed of collision as well as reaction time.

  9. Re:Dumb ruling by nugatory78 · · Score: 4, Interesting

    This is exactly the issue I have with my Subaru BRZ. If the car is moving, you can't enter information into the GPS. Thats all well and good when there is only me in the car, but stopping my passenger from using it is asinine! I hit this issue on a road trip, I wanted my passenger to try and find somewhere up ahead for us to eat (in the country with no decent cell data connection). I ended up having to pull off the highway and pull over just to find a nearby restaurant... not impressed.

    --
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  10. Re:Yes, that's obviously safer by interkin3tic · · Score: 4, Insightful

    This person was not moving at the time. On top of that, if the phone had been a Garmin GPS instead of a phone the ticket would never have been issued even though the user would have been using both devices in the same way.

    I think that's giving more credit to the cop than is deserved. As you said, the guy was stopped. The cop is already ignoring the spirit of the law. I doubt the cop would pay attention to the specific lettering of the law which would draw a distinction between GPS only and cell phones.

  11. Re:Dumb ruling by InvalidError · · Score: 2

    Except many studies have shown that hands-free phone operation is about just as bad as hands-on.

    Most of the distraction-based accidents are caused by people picking the wrong time to do something, even simple things like changing radio station, heating/AC settings or checking their speedometer.

    Hands-free does not prevent people from letting themselves get distracted by or otherwise focusing their attention on the wrong things at the wrong time. Some people have suggested locking out non-essential controls while vehicles are in movement so drivers have no choice but to focus on the road but going to such an extreme would likely become a grievance for many people and cause its own lot of problems such as passengers being unable to access those controls either.

    Ideally, people should be able to gauge circumstances and their own abilities to decide the most appropriate moments to do something safely but most people grossly over-estimate their abilities and the safety margins around them so we end up with stiff restrictions to eliminate most variables.

  12. Re:Yes, that's obviously safer by suutar · · Score: 2

    The danger of inattention, though, is linked to the speed of the vehicle. No movement, no extra danger. A stopped car is a stopped car whether the driver is checking his mirrors every second or asleep. If the situation changes and he doesn't notice that he can become un-stopped, I'm sure the drivers around him will be sure to let him know, but until then, his behavior does not affect anyone's danger level.

  13. Re: Dumb rulling by bob_super · · Score: 2

    people would quickly learn to drive around with a bag of potatoes.