Bender & Gritz, APLC
Get A FREE Consultation
| Call Our Injury Lawyers In San Diego

How far should cops go when enforcing driver phone rules?

California law prohibits drivers from using a handheld mobile device while operating their vehicles. The law is aimed at preventing dangerous, and often deadly, distracted driving car accidents. However, one man says law enforcement is taking their campaign a bit too far.

The man was convicted on distracted driving charges after he was pulled over in 2012 for looking at a map on his cellphone.

The incident occurred while the man was stuck in traffic during rush hour. Traffic was at a complete stop, so he pulled up a map on his phone to see if he could find a better alternate route. He was seen by a highway patrol officer, who ordered the driver to pull over.

The driver challenged his ticket, arguing that it seemed silly to cite him when there was no chance of his behavior causing a car accident or other safety problem. In fact, traffic was so stalled that the highway patrol officer actually had his foot on the ground when he asked the driver to pull over. The driver says he fully supports California's distracted driving laws, but thinks they need enforced in a way that makes sense.

The California Highway Patrol, though, stands behind its officer's decision. It says the law clearly prohibits using a handheld device while operating a vehicle, which is exactly what the driver was doing in this situation.

Whatever the outcome of this case, it is important to remember that distracted driving is a big problem in California and throughout the country. Distracted driving claimed more than 3,300 lives nationwide in 2011. In 2012, approximately 450,000 Californians were ticketed for cellphone violations.

Source: Los Angeles Times, "Driver ticketed for using iPhone's map app isn't giving up yet," Robin Abcarian, April 25, 2013

No Comments

Leave a comment
Comment Information
Email Us For A Response

Do I have a case?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Location

501 West Broadway #1500
San Diego, CA 92101

Phone: 619-618-2988
Fax: 855-515-0221
San Diego Law Office Map

Cards icons
Million Dollar Advocates Forum Multi-Million Dollar Advocates Forum AV Preeminent | Martindale-Hubbell Lawyers Ratings 100 Percent Club 2014 | SDCBA Rated By Super Lawyers | Bill Bender | 10 Best Law Firm | Client Satisfaction | 2017 Avvo Rating 10.0 Superb BBB | Accredited Business | A+ APITL America | Association of Plaintiff Interstate Trucking Lawyers of America