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Cops start enforcing cell phone driving law
Wednesday, July 02, 2008
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Dana Smith showed she can multi-task early Tuesday when she maneuvered her Nissan from Trancas Street onto Beard Road while holding her cell phone to her ear.

Police, however, were not impressed. Smith became one of the first Napans to be busted with an $88 citation for talking on a cell phone without a hands-free device while driving.
Others be warned: Ignorance of the newly-enforced law is no excuse. Neither is forgetting.

On Tuesday the new cell phone law took effect. At 8:30 a.m., Tuesday, this Register reporter hopped into a CHP car, driven by CHP Officer Jaret Paulson, and took off looking for cell phone violators. Smith, 27, didn’t deny she knew about the new law.
“I was just talking to my dad this morning at coffee and he reminded me about the new cell phone law. I don’t have cell phone service where I live off Soda Canyon Road. I drove from the mountain and saw I had a message. I just picked up the phone and dialed my voice mail,” Smith said. “I just forget. I’m sure not happy about getting a ticket. But it’s my fault. No one can say they didn’t know abut the new law. It’s been on TV, in newspapers and everyone is talking about it. I just forgot. I guess I’m just a creature of habit.”

Overall, it appeared motorists were obeying the new law. After more than an hour and a half of cell phone patrol, Paulson had only issued the citation to Smith.
During that time, Paulson stopped two other motorists for suspected cell phone violations. Neither was given citation.

One driver claimed he was putting his Bluetooth into his ear. It turned out the other driver, upon Paulson’s inspection of the cell phone, had made or taken no recent calls.

“This is exactly what we wanted — compliance with the law. We’re not out here to give people citations. We are hoping our presence will get drivers to follow the law,” Paulson said.

“There will be no grace period and no warnings,”  Paulson said. “The word is out. We, along with the media, have been educating the public about the cell phone law for months.”

California is the first state in the west to enact the cell phone law.

The new law is even more strict for drivers under 18. They are prohibited from using a cell phone, pager or any other electronic communication or mobile service device — even a hands-free one — while driving.

The only exception is in the case of an emergency, where drivers can call medical, police and fire officials.

It doesn’t matter if parents give minors permission to use a cell phone or whether a parent is in the car with the minor. The law is simple — under 18, no cell phone while driving.

Neither the law specific to teens or the more general law apply to passengers.

Although it is not illegal to text message or dial a cell phone while driving, CHP strongly discourages drivers from doing anything that takes their attention away from the road.
49 comment(s)

firewater wrote on Jul 2, 2008 6:31 AM:

" Good Luck on Texting, to me that takes more attention off the road to see what you are texting..Go figure "

crusherfan wrote on Jul 2, 2008 7:19 AM:

" Try doing a ride along in an unmarked car through town and I would bet you would get more incidents. "

areyouserious wrote on Jul 2, 2008 7:59 AM:

" seems like she should get a second ticket for that dog walking around unsecured in the fdront seat... that's WAY more distracting than the phone she was using.

I especially hate those little dogs that ride in the driver's lap! LAME! "

musikluvr wrote on Jul 2, 2008 9:07 AM:

" 90% of the drivers on their cell phones at the intersection of Jefferson and Trancas are women. "

napa wine guy wrote on Jul 2, 2008 9:33 AM:

" what! One driver claimed he was putting his Bluetooth into his ear. It turned out the other driver, upon Paulson’s inspection of the cell phone, had made or taken no recent calls.
Who inspected the cell phone the cops??? They should not be allowed to inspect you phone "

mardog wrote on Jul 2, 2008 10:02 AM:

" The cell wont be up to the ear but they will be text messaging more now while driving cause the cops cant see you doing it. Watch there will be more accidents from people not paying attention and texting while driving. "

mikek wrote on Jul 2, 2008 10:03 AM:

" Now if we can only get a law that keeps people from driving with their dogs on their laps. "

napadad wrote on Jul 2, 2008 10:11 AM:

" Hi Dana "

nanner wrote on Jul 2, 2008 10:14 AM:

" what's with the $ 88.00 fine on the news they were saying 1st time is only $20.00, $50.00 for any times after that. "

CaliGirl wrote on Jul 2, 2008 10:43 AM:

" Hmmmm $88.00 for her ticket. That would mean $38.00-68.00 more in the Napa coffers......can a city charge more than the law stated the fines would be? I know what it is, an admin fee....yeah that must be it....an admin fee.

Seriously, I think the law is fantastic, should of happened years ago. Charge what ever the law allows......and sock it to them, one and all.

My only beef is Napa once again jacking the price of things up to suit their needs....for example pending bankruptcy, so let's charge our citizens even more money.......

Geez......will it never end? It just happens to be the cell users this time, what or who will it be next time? "

i4aneye wrote on Jul 2, 2008 10:54 AM:

" if anyone really cared about safety, cell phones in cars would be illegal altogether. this is just another succesful lobby from the communications industry in get you to buy their hands free devices. "

prunepicker wrote on Jul 2, 2008 10:58 AM:

" red light runners, tail gaters, not stopping for people crossing the crosswalks and oh yeah, speeders.. go for it cause the police will only stop you if your only talking on a cell phone while commiting these other violations "

napaao wrote on Jul 2, 2008 11:00 AM:

" are the pigs going to Confiscate our phones too???? "

chunk wrote on Jul 2, 2008 11:05 AM:

" I agree with musikluvr. In general the majority of people I see on cell phones while driving are women. "

ozguy wrote on Jul 2, 2008 11:23 AM:

" It just proves the old saying " you can't legislate stupidity". "

Native74 wrote on Jul 2, 2008 11:36 AM:

" Well, isn't that something. I thought it was my boyfriend that always calls me while he drives to and from work...maybe it's only a narrow minded Napa statistic that more women talk while driving. Hmm.

Also, I thought the cell phone law stated that you had to have another infraction in order for the cop to pull you over? It would explain the higher penalty, but NVR didn't state that either. Care to elaborate the story? "

napabrat wrote on Jul 2, 2008 11:48 AM:

" musikluvr and chunk, just exactly where do you get your statistics that there are 90% women talking on cell phones? "

CaliGirl wrote on Jul 2, 2008 12:03 PM:

" Talking on a cell phone as of July 1st 2008 is now a primary offense, one that they can pull you over for without any other infraction being committed. Prior to July 1st 2008 they could give you a ticket for talking on the phone only if they saw another offense being committed, and they thought your cell phone usage was distracting your driving.

I say way to go, give them all tickets....it’s about time....! "

Dwayne wrote on Jul 2, 2008 12:15 PM:

" Q: Can a law enforcement officer stop me for using my "hands-free" device while driving?

A: For drivers under the age of 18, this is considered a SECONDARY violation meaning that a law enforcement officer may cite you for using a "hands-free" wireless device if you were pulled over for another violation. However, the prohibition against using a handheld wireless device while driving is a PRIMARY violation for which a law enforcement officer can pull you over. "

MichelleG wrote on Jul 2, 2008 1:02 PM:

" Musikluvr and chunk, thank you for such insightful posts! I’m dying to know how you collect such precise statistical data? Please, enlighten all of us women drivers with cell phones! Your “90%” figure is about as accurate as a blind man reading a billboard. "

ValleyKitten wrote on Jul 2, 2008 1:10 PM:

" Hey, it's Diesel !!! "

JustMy$.02 wrote on Jul 2, 2008 2:10 PM:

" So really what you need is a cell phone case shaped like a Big Mac and you can just pretend your eating!! "

funnyme wrote on Jul 2, 2008 2:13 PM:

" It's because women multitask...no, no, wait, it's because handsome boys are always looking at pretty girls, and well, it just happens that those girls were talking on the phone.
Am I right or what? "

JMB wrote on Jul 2, 2008 2:26 PM:

" I thought I saw on the news that while the citation is $20, the court costs and fees make it add up to $88. "

napavalleynative wrote on Jul 2, 2008 2:44 PM:

" I can't believe that text messaging is still legal...especially considering that a large portion of t-messagers are teens. TM has got to be 10 times more distracting than talking on a cell phone. "

napavalleynative wrote on Jul 2, 2008 2:48 PM:

" In Vacaville a woman got stopped and cited for the same offense but because she had her child in the car she was also cited for child endangerment and fined $99.00. "

frenchtoast wrote on Jul 2, 2008 4:06 PM:

" Soon there will be tickets for drinking coffee/beverages in the car, having our windows down, listening to music, and then it will be NO PULLING OVER on the side of the road (to make or receive a cell call). While I agree texting is MUCH more dangerous than talking on the phone b/c of distraction, ticketing for one hand up to your ear while driving doesn't seem like a danger to me - do we get ticketed for driving w/ one hand? I know about the hands on 10 and 2 but is it a violation or law I missed to drive w/ one hand? It probably will be now! "

napan007 wrote on Jul 2, 2008 4:54 PM:

" Well heck I drive with one hand on the wheel but the other hand is shifting as my car is a manual. :) And also holding the phone to my ear up til yesterday! The handsfree thing seems practical to me but it does also make me wonder where it's going to end.

And also, jeez. If you love your dog, make sure he/she is safe in your car! They make harness seatbelts for dogs or you can secure a dog crate to the bottom of the car after removing a seat (in minivans/SUVs). I wish there were laws for protecting pets in cars. "

asahigo wrote on Jul 2, 2008 5:02 PM:

" While it's not technically illegal, texting can still result in a ticket. From dmv site ... 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. http://www.dmv.ca.gov/cellularphonelaws/index.htm "

chunk wrote on Jul 2, 2008 5:11 PM:

" I didn't agree with musikluvr about the 90% being right. I just meant that I see a majority of women using cell phones and driving than men. Probably 70%. That could be because I pay more attention to the women. I can't help it. "

crusherfan wrote on Jul 2, 2008 5:27 PM:

" why was my second comment not posted.9 of 10 cell phone talking drivers in my experience have been women.I notice them because they either cut me off by not even acknowledging I am driving towards them or dont even look because they have a phone in their hand. "

reason-ator wrote on Jul 2, 2008 8:21 PM:

" I couldn't believe the 90% figure, so I counted people with cell phones at their ear today. Of the first 10 people I counted, 9 of them were indeed female. That would be 90%.

Number eleven and twelve were males, but I'm gonna leave that part out. "

Suze wrote on Jul 2, 2008 8:55 PM:

" I don't know why so many are resentful about this new law. The size of the fines seem questionable, but the law makes sense and will make us all safer as the most common driver distraction is reduced. I think the loose dog in front is a bigger deal though. Lots of us love our dogs, but they are dangerous to all drivers loose in the front seating, or worse still sitting on the driver's lap hanging out the window! Now THAT is a serious road hazard. All distractions are bad, driving needs concentration. I can't even listen to audio books when driving in town, I loose track of the story all the time, too distracted by driving. As for texting while driving - jeeez - whose dumb idea was that? "

lacerkki1 wrote on Jul 2, 2008 9:07 PM:

" I was upset about this law but I think this is a great law. Driving hands free is sooo much easier. I did not know this until I tried it. "

winemd wrote on Jul 2, 2008 9:36 PM:

" I have decided I should try to get a patent on my idea: drivers should be isolated from everyone else in the car, so conversations can't distract the driver (think of how limos have windows to the back). No radio, especially audiobooks or talk radio, certainly no kids in the car that the driver can hear. AND, how about a new law that car manufacturers have to come up with a new steering wheel? It will have sensors so that you must have both hands on the wheel at all times, with only breaks of 5 seconds for shifting gears, or it will shut off the car. And while we are at it might as well add sensors that detect if someone is in a seat and the car won't run unless they have seat belts on. "

napadad wrote on Jul 2, 2008 10:03 PM:

" This is the wife of napadad's. I have a question: If you were on a deserted country road with little to no chance of police seeing you use your cell phone would you use it for convenience sake, or would you not use it for safety's sake? I am not sure of my answer, wanted to know what others thought. Are they not using it because of the law, or because it is inherently been seen to contribute to accidents? "

jenny99 wrote on Jul 2, 2008 11:55 PM:

" Most of the people I see on their cell phones while driving are contractors. 90 percent of them are men. "

native74 wrote on Jul 2, 2008 11:56 PM:

" napadad's wife - were you watching me this morning? I was being called for an inspection and I just so happened to be on a back road in the middle of nowhereville so I risked it.

I prefer hands free all the time regardless and especially if I'm on a country road alone (just in case some whack job is following!). However, my company is still in the costly process of giving us all who need a hands free device. If ONLY they had let me use my own phone I wouldn't have to carry around two and now two hands free devices (non-compatibility issue). Technology... "

TFYTMP wrote on Jul 8, 2008 7:07 AM:

" When will the cops start enforcing no bicycles on the sidewalk. Most bikes I see are on the sidewalk, even when there is a bike lane. "

MichelleG wrote on Jul 8, 2008 12:16 PM:

" musikluvr wrote on Jul 2, 2008 9:07 AM:

" 90% of the drivers on their cell phones at the intersection of Jefferson and Trancas are women. "

Musikluvr, repeating yourself over and over is not a great way to convince anyone that the ridiculous statistic you’ve made up is even remotely accurate. It sounds like a baseless generalization to me. . But then again, I could see how it would be hard to explain a percentage like this when you have no factual data to support it. "

silence dogood wrote on Jul 8, 2008 7:21 PM:

" I've got to say, I've noticed five people on their cell phones, just in my own routine traffic loops, and 4/5 were men, and the same 4/5 were construction workers, who didn't seem to either know or care. "

areyouserious wrote on Jul 8, 2008 9:33 PM:

" TFYTMP

These are not serious cyclists. They are average riders who are not strong enough to be in the street as they should be. If I were a weaker rider, I would ride on the sidewalk too. You people dirve like crazed idiots force feeding yoursleves micky d's, tobacco, starbucks, and text messaging all over the place. As a seasoned bicyclist, I am not afraid of you. I managed to put a fist sized dent in the hood of the last car that ran a stop sign in front of me. He did not stop causing me to crash into his fender. I stopped just short of bending my front tire and then slammed my fist into his hood as I was re-gaining my balance. I think he stops at all stop signs now. And I AM SURE he respects cyclists as well. "

napadad wrote on Jul 9, 2008 9:51 AM:

" The women are talking to their husbands and boyfreinds who are driving on the other side of towm so 180% of drivers on cell phones are people (or machines pretending to be people ... press 1 for ...) "

napadad wrote on Jul 9, 2008 9:53 AM:

" if my child holds the phone to my ear is that a hands free device? "

savetycoon wrote on Jul 9, 2008 5:13 PM:

" now if they can only make a law to send all the illegals back when you see them on the street.
that would make a BIG BIG POSITIVE affect on the U.S. "

barefoot wrote on Jul 9, 2008 10:37 PM:

" I just read most of the blogs. The one thing I see that is missing is this: You all talk about how may people are talking on cell phones/ women this/ men this/ but you're missing the point. How many accidents have you all seen? NONE? Heck, I see people talking on their phones all the time. How often do you see a wreck? "

hudds5 wrote on Jul 11, 2008 3:30 PM:

" I guess it's easier to enforce the cellphone laws verses gang related crimes and vandalism. "

wowquebonita wrote on Jul 15, 2008 12:35 AM:

" I'll just text and drive lol! That's not dangerous right?!?! I put my blackberry on speaker phone and stick it between my boobs...it's hands free :) "

injoy wrote on Jul 16, 2008 11:43 AM:

" Yesterday, while driving on Jefferson, I witnessed a NPD officer with his phone up to his ear and chatting away. I believe he was breaking the new "Bent Arm" law.
Shame on you, Long Arm of the Law! "

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