REGION: Just two police departments say they will offer a grace period on cell phone law

By SARAH GORDON - Staff Writer | Sunday, June 29, 2008 6:05 PM PDT

A sign on Interstate 5 announces the new hands-free cell phone law. (Photo by Bill Wechter - Staff Photographer)
A driver on northbound Interstate 5 near Del Mar talks on a cell phone while driving Thursday. (Photo by Bill Wechter - Staff Photographer)

NORTH COUNTY ---- Come July 1, drivers seen talking on hand-held cell phones shouldn't be surprised if their conversations are cut short by police.

But what happens next isn't certain.

Most North County law enforcement agencies say Californians have had plenty of time to prepare for the new law, which says drivers may talk on their cell phone only while using a hands-free device, such as a speakerphone or a wired earpiece such as the Bluetooth.

Violators of the law that takes effect July 1 will be ticketed, with the first citation netting a $20 fine and subsequent violations costing $50.

Representatives of the Sheriff's Department ---- which covers a half-dozen North County communities, including Vista, Encinitas and San Marcos ---- and the Carlsbad and Escondido Police Departments said that they plan no grace period and that deputies and officers will begin writing citations July 1.

But at least two departments said they will let chatty drivers off the hook a little longer.

The Oceanside and San Diego Police Departments said they will observe a 30-day grace period and wait until Aug. 1 to write tickets. Until then, they will stop and warn drivers on hand-held cell phones.

"Our department is big on education," said Monica Munoz, spokeswoman for the San Diego Police Department, whose grace period will affect drivers in the North County communities of Rancho Bernardo, Rancho Penasquitos, Sabre Springs and Carmel Valley.

"Whenever a new traffic law takes effect," she said, "we offer people an additional 30 days and take the opportunity while we stop them to educate them."

Munoz and others said that an officer's right to use discretion on traffic stops means citations are not a mandatory consequence of using hand-held phones after July 1.

Just as officers may excuse a speeder with a good story, they can warn hand-held users and send them on their way.

The Oceanside Police Department plans on giving drivers an extra month to comply with the new law, with some exceptions, department spokesman Sgt. Kelan Poorman said.

"We're going to give a 30-day grace period with the caveat that it's ultimately at the officer's discretion," he said.

If a hand-held phone leads to a moving violation or a crash, an officer likely will cite the driver for every broken law, Poorman said.

But most people talking on hand-held phones in Oceanside will be stopped and lectured, Poorman said.

"We're hoping with the increased awareness we create on the stops and with news agencies putting out the information, we will just further instill in the public awareness of what the law says and why it exists," he said.

California Sen. Joe Simitian, D-Palo Alto, who authored the hands-free law, was skeptical that people still might need to be informed of the law.

"There has been a year and a half in order to allow for a smooth transition," he said. "I can't believe that by July 1 there will be anyone who doesn't know that they can't use a hand-held cell phone while driving."

However, he agreed that local police agencies have the right to exercise discretion in enforcing the law, and that continued education about the dangers of holding a phone and driving is important.

"I think both public education and enforcement will be the key to making the law a success," he said. "The goal isn't to issue tickets; the goal is to save lives."

As a police force that serves the entire state, the Highway Patrol has committed itself to strict enforcement of the new law, Oceanside-area CHP spokesman Officer Eric Newbury said.

"It's going to be just like seat belts," he said. "We won't give any warning. By not giving verbal warnings, we're hitting the point home."

Strict enforcement of seat belt laws ---- as advertised in the national "Click it or Ticket" campaign ---- has helped achieve a 96 percent compliance rate in California, Newbury said.

"If we want compliance with this new law, we're going to do the same thing," he said.

That's appropriate, he said, considering that both laws are designed to protect people on the road.

"The point is, we're just trying to save people's lives," he said.

Last month, the Public Policy Institute of California predicted the legislation would save 300 to 900 lives a year in California, based on the experience of other states with similar laws.

Reach staff writer Sarah Gordon at (760) 740-3517 or sgordon@nctimes.com

Breakout: Cell phone laws: Questions and answers

Q: Does the ban on talking on a hand-held cell phone apply to vehicle

passengers?

A: No, only to drivers.

Q: If I am cited, will I receive a violation point?

A: No, but it will appear on your driving record.

Q: Can I be pulled over by a police officer just for talking on a hand-held

cell phone, even if I am not disobeying any other traffic law?

A: Yes.

Q: Does the law prohibit dialing?

A: No.

Q: Does the law prohibit texting?

A: No.

Q: Does the law allow me to use the speaker-phone function of my cell phone?

A: Yes.

Q: May I make an emergency call on a hand-cell phone while the car is moving?

A: Yes. The law makes an exception for emergency calls to law enforcement agencies, medical providers, fire departments and other emergency services agencies.

Q: If I am under 18, can I talk on my cell phone if I have a headset?

A: No. The law bars all use of cell phones and other communication devices by 16- and 17-year-old drivers.

Source: Department of Motor Vehicles, California Highway Patrol

For more information, visit www.dmv.ca.gov/cellularphonelaws/index.htm

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79 comment(s)[-]Go to Top

Ask wrote on Jun 29, 2008 6:37 PM:Ahhhh yes, this is going to be a fun one folks.

Can't wait for the, but I was on a speakerphone (which is legal), just that I had it up to my ear! LOL

Kinda funny how this article does not note research which is showing this type of law does nothing. Oh well.

Grump wrote on Jun 29, 2008 7:57 PM:Our idiotic legislature passes another ridiculous law. I can hold my phone and talk on the speaker but can't hold it to my ear. I can text while driving, which is more dangerous than talking on the phone. They call it hands free instead of ears free

not amused wrote on Jun 29, 2008 8:20 PM:Another new law brought to you by the imbeciles in sacramento. No worries, I am sure that texting while one is driving is much safer that talking...Rrrrrrright!!!!

lmt wrote on Jun 29, 2008 9:15 PM:so will duck tape work lol ive seen more cops using there cell phones lately more then regular drivers does the law count for them

Can you hear me now wrote on Jun 29, 2008 9:50 PM:Yeah, texting is so much less involved then just regular talking. What are these people smoking?

Hello, oh wait I can't talk right now I'm driving, let me text you.
O-K- W-H-A-T-S G-O-I-N-G O-N,
O-H C-R-A-P I A-L-M-O-S-T H-I-T S-O-M-E-O-N-E B-E-C-A-U-S-E I W-A-S L-O-O-K-I-N-G D-O-W-N S-O I C-O-U-L-D T-E-X-T

Kent wrote on Jun 29, 2008 9:58 PM:This law will be unenforceable. No doubt there will be the some that are ticketed. But the inherent danger in cellphones is not having it to the ear, it is being preoccupied with the conversation. Most of us will have no problem cruising down the freeway watching cops key up their mikes while we dodge them and talk on cellphones.

Irving wrote on Jun 29, 2008 10:10 PM:How about a law against smoking while driving a car? Or eating? Or shaving? Or applying your makeup? Or beating your children. Will they soon require us to wear helmets and fire suits as well?

Silly folks, just plain silly.

law enforcement... wrote on Jun 29, 2008 10:24 PM:and emergency vehicles are exempt, but I'd bet that local county and city drivers will be talking on the cells, business as usual....are the local traffic enforcement officers going to be pulling over and enforcing the new laws when it's a Federal, State, County or City Vehicle...somehow I doubt it....

from the back gate wrote on Jun 29, 2008 10:33 PM:I disagree with all of you. I think it is a great law. Now maybe people will pay attention a little bit more to their driving. I doubt it, but maybe, just maybe they will. And further more what is so important in life that you have to have a phone stuck in your head 24, 7. Nothing.

to lmt wrote on Jun 29, 2008 11:46 PM:They are exempt, just as they are exempt from the seatbelt law but most wear it anyway. Unlike regular drivers, they are already good at multitasking, working a computer and a radio. I doubt they will heavily enforce it, talk to a street cop and not a spokesman and they will tell you they think it is a stupid law.

Police Officers are authorized wrote on Jun 30, 2008 1:13 AM:And yes, the state has created another stupid law for us to enforce! We hate it too! So will there be study of drivers eating cheese burgers, next? Only the CHP would come up with this kind of crap! What a waste of time!

So Radio Listeners wrote on Jun 30, 2008 6:00 AM:the tenth listtner who texts this station wins $1,000.00. Remember texting while driving is allowed.

John E wrote on Jun 30, 2008 6:36 AM:If John and Jane Q. Public were more conscientious and less cavalier in their driving habits, we would not need laws such as this. Yes, texting whilst motoring is extremely dangerous and obviously should be illegal.

The truth is that texting or merely talking on any type of telephone is a significant distraction. Even though "hands free" phoning remains legal, take the moral high ground and avoid using the phone while driving -- you just might save a life, possibly even your own. Several studies have equated talking on a hands-free phone with being marginally drunk (0.08% BAC).

Most cops do not want this law wrote on Jun 30, 2008 7:24 AM:This is foolish! What is Sacremento doing! Stop the madness!

I love how people have this issus they make as a real issue wrote on Jun 30, 2008 7:30 AM:I don't smoke,but we have made a real hate campaign of smoking just about everywhere! What a campaign! We have made talking on the cell phone the number 1 problem, by making it a law! Will CHP begin a study of people who do thier hair in the car. Or eat cheese burgers in the car! Are those distractions too? Please already, let's stop with the madness! Like I don't have a enough things to enforce as a police officer! Only the state capital would create this waste of money and getting involvd in peoples lives! Sorry people, it isn't your local police who wanted this this was all CHP trying ti justify thier tan uniforms! What a waste!

Reader wrote on Jun 30, 2008 7:32 AM:Once again, accuracy in the articles is poor. Bluetooth technology is a "WIRELESS" technology, not a "WIRED" technology. Good going Sarah!

Hey John E wrote on Jun 30, 2008 7:34 AM:I am sure there are studies. You can create a study to support anything! I hardly would compare a cell phone with a DUI! Let's not get out of hand! Thye mob mentality! This holier than thou crap is killing us in law enforcement! I will not be making this my number 1 concern as I respond to real calls for service here in the city! This is just another way for the State to make money off the little guy and pay for the hundreds of AAA with a badge!

Jsten wrote on Jun 30, 2008 7:36 AM:If laws worked,

There wouldn't be a drug problem

People would drive the speed limit

and people (like me) will shut up and drive

Respect wrote on Jun 30, 2008 7:37 AM:People just need to learn to be more mindful and respectful. It is clear that cell phones pose a distraction regardless of whether you are holding it or not. Just as having passengers in the vehicle and chatting away, it ultimately distracts the driver.

People just need to be more mindful and respectful of others on the road.

However, as a faithful train rider, you newbies who have decided to park and ride need to learn the unspoken etiquette regarding your cell phone on the train, i.e., tell the person your on the train and will call them back! The whole train doesn't care about your drama and most people want to relax and wind the day down.

Randy wrote on Jun 30, 2008 8:00 AM:"Hands-Free," tho legal, is just as guilty of causing accidents. The driver's mind is still miles away in the phone conversation! Another victory for the cell phone companies. They already run the world.

No Grace Period For Stupidity wrote on Jun 30, 2008 8:37 AM:This new law has only been publicized for, oh let's see, about the past year. If someone doesn't get it by now, they never will.

say what wrote on Jun 30, 2008 8:45 AM:It's a "hands-free" law, but it doesn't prohibit dialing or texting?? How can you do either without using your hands? So why are they not illegal, too? As previous posters have noted, both are far more dangerous than just talking on a phone. If that's a loophole in the law, it's an amazingly stupid one. Or is it just bad information by the NCT?

Johnny wrote on Jun 30, 2008 8:52 AM:It doesn't matter. I'll still have people braking the double yellow (car pool) so they can jump over at 20 mph in front of me approaching at 65, with less than 100 feet to brake. Does the shoddy investigative reporting surprise anyone? Why not quote that "speed" is a factor in most accidents too, since not many parked cars spontaneously hit each other. I'm sure you can get a CHP guy to give that quote.

People drive distracted and the source doesn't matter. Cell phone, makeup, conversation with the passenger, laptop, black berry, etc. When they are paying attention, they're usually not considerate anyway, so I'm not sure it really changes a thing. Does it really matter if they were on the phone when they shoehorned their SUV in the 2 car lengths you had, while following someone at 55mph? They're going to do it regardless.

If you really want to make a difference, start making the laws more punative for impeding traffic, breaking double yellow and following too close.

The one surprise from this wasn't from the article, but from the comments. It's encouraging to hear LEO complain about it. Maybe these are the same officers that don't spend 100% of their time doing mindless speed traps and actually observe traffic to spot real hazzards. If so, thanks for your efforts and service.

Dude wrote on Jun 30, 2008 8:59 AM:OPD & SDPD, get out there and enforce the laws we pay you to, and get me some pie!

Stupid law, now I'm going to have to "mess with " ( at 65mph) my cell phone instead of just flipping it open. This law will cause more accidents.

jvc wrote on Jun 30, 2008 9:01 AM:Does there have to be laws created to remind drivers that habits like this have potential dangers? We should have just tried to have created a civic honor system whereby it becomes a civic duty to just not use these phones while driving!
If we need a law like this to force drivers to drive safely, then, it is a tremendous indictment of a country with people that just do not respect one another or mature enough to realize the public safety issue at hand!Policeman
are now being used as sociologists in today's America?

Hmmm wrote on Jun 30, 2008 9:04 AM:How about all your dummies just save you phone and text coversations for when you're not driving and we wouldnt have to worry about stupid laws like this one. You all brought this on yourseleves.

Be serious wrote on Jun 30, 2008 9:16 AM:You can afford a car, buy a cell phone, pay the monthly fee, pay $4* per gallon of gas, you somehow passed the driver's test, eye test, have the required car insurance, keep your car mechanically sound, remove fast food trash from under the brake pedal (HA), and you don't have the brains to understand why this law is critical? You mock anything that might save a life? That's the California mentality in full bloom. As for texting, that's a no-brainer in comparison to 'talking' on a cell while driving, unless of course you're telling your wife you want a divorce.

Johnny again wrote on Jun 30, 2008 9:19 AM:One more comment:

LEO and CHP: How about, instead of passing on the right, you flip on the little light bar when there's someone camped in the fast lane at 50 (in a 65)? Police have no problems pulling over a speeder doing 80 in a 65, but the equally as dangerous driver doing 55 in the #1 lane of a 65 (with everyone passing on the right) is ignored.

Just leave me alone doing 65 in the #4 lane, as everyone screams past. I got my third speeding ticket and am waiting the 3 years for the 1st to drop. My apologies to the hundreds I irritate daily.

esteban wrote on Jun 30, 2008 9:24 AM:I love how people start blaming the COPS for the law...as if they made the law!!! Anyway, good idea, but dumb law. I think it's meant to be really be more of a tool for cops...like if the cause of an accident is found to be from a cell phone, then they can nail the inattentive driver on that. But as for cops just driving around, looking for cell phone violations...I don't think it's gonna happen.

Hello Mr. Jones wrote on Jun 30, 2008 9:35 AM:This is officer Smith and this is your lucky day. Look into your rear view mirror and pull over for the nice police officer behind you with the pretty lights.

It is now wrote on Jun 30, 2008 9:37 AM:against the law to drive into on coming semi on the freeway. Police Departments but not Highway Patrol will give a one month grace period.

virginia wrote on Jun 30, 2008 9:38 AM:you want to make people slow down and pay attention, look at virginia. they have a new traffic law on the books. If you are a state resident and get caught 20+ over the posted speed limit, they add $1000 to the fine.

Instant compliance with speed laws or be prepared to pay a hefty price.

Safety Advocate wrote on Jun 30, 2008 9:49 AM:Put down the phone and drive.

The cops do not want this law wrote on Jun 30, 2008 9:51 AM:What a waste of the taxpayers time and money! Local cops think this is stupid!

Why isnt my union speaking out about this wrote on Jun 30, 2008 9:52 AM:Why belong to PORAC if they do not step up against this crap!

Im OPD wrote on Jun 30, 2008 9:54 AM:and I am going to enforce this law... I will not wait 30 days... If you drive and use you cell phone without a handfree device, prepare to fork over $97 to the state.

John wrote on Jun 30, 2008 10:26 AM:to Respect: I don't intend to be 'mindful' or 'respectful'. What are you going to do about it? I know you dream of a wonderful world. How sweet.

Herschel wrote on Jun 30, 2008 10:27 AM:So...let's put this in constitutional perspective. A cop 'thinks' they see you talking on your cell phone while driving. All you were actually doing was scratching your ear, but you get pulled over anyway. Now the cop has probably cause to extrapolate this traffic stop into The Twilight Zone. They keep checking you until they find something wrong. As long as the cop is able to convincingly string it all together with creative writing skills and a good sense of imagination, the cell phone ruse will be used to pull over anyone they decide to pull over. We are losing our rights along with our country.

jvc wrote on Jun 30, 2008 10:40 AM:Herschel...yes, you are seeing the bigger picture about this issue!

Happy wrote on Jun 30, 2008 10:40 AM:As much as this seems like it may be a problem think of it this way... You can no longer yell at the idiot who ran into you from behind for talking on their cell while driving.. 16-17 year old drivers are not going to be talking and driving.. It's only a matter of time before they outlaw texting as well. I for one agree with this law 110%. I think it's a great idea. On my drive to children's which is 30 Min from where I live I watch so many talk and drive and are contstantly slamiing their brakes because they are not paying attention because they either a. dropped their cell phone so now they are looking for it so that they don't loose that important call or b. they are fumbling around trying to figure out how to hold the phone and drive at the same time!!!!

Steve wrote on Jun 30, 2008 11:16 AM:What another waste of the tax payer's money! Somebody surely had their head up where the sun don't shine! Texting while driving is most certainly more dangerous, however, that evidently flew over their heads! What's next - driving while eating? Here's a better idea for filling the coffers in Sacramento - recall the genius that thought this crap up - Sen. Joe Simitian, D-Palo Alto and put his salary back into fixing the State's economic woes!!

I agree wrote on Jun 30, 2008 11:50 AM:as well, there should be no grace period. We have had enough warning. However, I do agree that this law was not well thought out. The law should read NO DISTRACTIONS OF ANY KIND. No phones, no texting, no computers, no reading, writing, eating, shaving, applying makeup. Yes, I have seen people doing all of the above. I am sure LE is going to go by the spirit of the law and not the letter of the law just like they do whenever they make a stop.

esteban wrote on Jun 30, 2008 11:51 AM:Bloggers like "I'm OPD" are obviously anticops just trying to stir up anti cop sentiments. Must be sad having no meaningful skills at all.

Thats nice.... wrote on Jun 30, 2008 12:21 PM:that cops can choose which laws to enforce and which ones to not enforce. How about cops following the law??? For example, what about medical marijuana? In 1996 the people of California voted to make the medical use of cannabis permissible. How come in San Diego county the results of that free and open ballot measure don't count? Because COPS think they know what the people want better than the people do. Cops should enforce the laws as written. No breaks, no extra-legal enforcement.

D-E-A-R wrote on Jun 30, 2008 12:28 PM:C-O-N-G-R-E-S-S-M-A-N, I T-H-I-N-K T-E-X-T-I-N-G S-H-O-U-L-D-N'-T B-E D-O....CARSH!!! Remeber folks, obey the law TEXT while driving and that goes for you youngsters too!

Hello Drug Store.. wrote on Jun 30, 2008 12:30 PM:This is an emergency I am calling on my cell while I drive. Do you have any size 3-4 pampers? Depends on what you consider an emergency.

Sorry pumpkin wrote on Jun 30, 2008 12:32 PM:I would of stopped and answered your cell call if I had known a bad man was trying to get you in his car. Nope not even your children will be able to call you with an emergency while you are driving two hours up to Los Angeles.

j in escondido wrote on Jun 30, 2008 12:33 PM:just another way to take more money from our pockets!

I can see it now wrote on Jun 30, 2008 12:54 PM:have to do this here as the name area doesn't pick up numbers, Car 54, Car 54, where at you? Righ...CRASH, oh Car 54 you weren't using your cell again, were you?

im also opd wrote on Jun 30, 2008 1:33 PM:i will no problem giving tickets for cell phones while iam on my own cell phone what are you people going to do about it?........not a dam thing,like i said.

READ the LAW wrote on Jun 30, 2008 1:40 PM:For all you people that say that texting and dialing are allowed, read what the new law says:

23123. (a) A person shall not drive a motor vehicle while using a
wireless telephone unless that telephone is specifically designed
and configured to allow hands-free listening and talking, and is used
in that manner while driving.

If you pickup the phone to dial, you are now using the phone in a hands-free manner. If you use your phone to send a text message, you are not using the phone in a hands-free manner. Just because it is not explicitly forbidden does not mean you can do it. The only permitted thing you can do with a wirelss telephone while driving is use it for listening and talking in a hands-free manner. Texting is neither listening or talking so is excluded by the last part of the new law.

Matt wrote on Jun 30, 2008 1:49 PM:It doesn't make any sense, you can't put the phone to your ear, but it's ok to text. What are they thinking. Texting is the problem! That takes more concentration and is totally distracting, than anything else. Such a messed up law.

Texting is what should be outlawed wrote on Jun 30, 2008 2:26 PM:Driving and texting = accident in the making. This law is dumb and just another thing to control the American people and take our stinking money! Oh, nevermind our gas prices have already done that. Sheesh.

Funny wrote on Jun 30, 2008 2:46 PM:Cheif Maher of Escondido will do anything not to ask an illegal if they are legal or not yet will hammer tax paying citizens in a heartbeat. How about we let the illegals pay for him and his department?

Wow wrote on Jun 30, 2008 3:01 PM:Those cops and court people needed somthing to do with all that free time they have.

Thank goodness wrote on Jun 30, 2008 3:13 PM:we ladies can still look in the mirror and apply our make up while doing 65mph down the freeway behind your car.

To Read The Law wrote on Jun 30, 2008 3:17 PM:F minus on comprehension.
Q: Does the law prohibit dialing?
A: No.
Q: Does the law prohibit texting?
A: No.
Source: Department of Motor Vehicles, California Highway Patrol

To To Read The Law wrote on Jun 30, 2008 3:37 PM:I agree - the DMV and CHP get a F minus on comprehension. If you follow the exact letter of the law, you can not dial nor can you text!

pianolady wrote on Jun 30, 2008 3:57 PM:How dumb can it get. Texting allowed but not talking. What kind of crazy people are making our laws? Unbelievable!

And to you IM ALSO OPD @ 1:33 pm: You probably aren't a cop either...just trying to stir up trouble. But while you are at it, hey, why don't you learn to write and spell so you can at least pretend to be intelligent!

I am totally wrote on Jun 30, 2008 4:21 PM:convinced these law makers need to hire proof readers before they put the laws out before the public. One thing to look stupid another thing to be known as stupid.

People the Police Department has jerks just like any other jobs wrote on Jun 30, 2008 4:31 PM:We also have those who understand the stupidity of this law! You people keep electing these dim wits in Sacremento who think we do not what is safe for us! Wanna bet deaths on the highways will remain the same! It's not the cell phones.It is speed,inexperienced drivers etc! If you drive slower than the traffic pull to the right! If you speed stay in the left lane! It is called impeding the normal flow of traffic! Get the hell out of the fats lane!

To To Read The Law again wrote on Jun 30, 2008 4:34 PM:Let's pose the questions differently:

Q: Does the law permit dialing?
A: No
Q: Does the law permit texting?
A: No

I challenge you to find anywhere in the law that you are permitted to dial or text!

Heaven help us wrote on Jun 30, 2008 4:40 PM:Can't take your hand off the wheel to hold the phone up to your ear, but you can take it off to dial or text? God help us.

A In Dexterity wrote on Jun 30, 2008 4:52 PM:These answers are only valid for those who can perform these feats (texting and dialing) without looking at the keypad, otherwise it's a distraction ergo illegal.

If you're that good with the cell phone, be prepared to prove it when you get pulled over.

pianolady wrote on Jun 30, 2008 5:27 PM:Wow, that has to be the dumbest thing I ever heard! Texting is ok but not talking. Who makes these crazy laws anyway?

pianolady wrote on Jun 30, 2008 5:39 PM:This is insane! We can text and drive but not talk and drive! Oh brother!!

pianolady wrote on Jun 30, 2008 6:42 PM:To to Read The Law Again @ 4:34pm: But that ISN'T what it says!! It says Does the law prohibit dialing and does the law prohibit texting!!! And the answer was no, it does not prohibit it. Last time I checked, no meant no...so that means texting is NOT prohibited!

esteban wrote on Jun 30, 2008 7:12 PM:He's right...I reread the law and the law says nothing about being able to text!!!!! We got duped by the papers!!!!!

Karl wrote on Jun 30, 2008 7:51 PM:Take a chill pill "Johnny again
[-] wrote on Jun 30, 2008 9:19 AM:".

I have been behind these drivers and it certainly is annoying. Your statement "Police have no problems pulling over a speeder doing 80 in a 65, but the equally as dangerous driver doing 55 in the #1 lane of a 65 (with everyone passing on the right) is ignored.".

I agree that both are equally dangerous.

I have probably seen hundreds of "slow pokes in the fast (or any other) lane". On the other hand I have seen thousands and thousands of speeders doing 80+ including myself in the far left lane.

I used to be very upset with all drivers around me because I knew that I was the perfect driver as most of us believe ouselves to be.

When some folks try intentionally to irritate the drivers behind them by hogging the wrong lane it can be very irritating. My guess is that 50% are pissed off ego maniacs and they are retaliating for some perceived mis-deed of another driver. 10% are just plain stupid and 10% are to old or have some physical/mental/health problem that should exclude them from driving our roads. The remaining 30% just made an error in judgement as we all do occasionally.

The other side of the equation, are drivers that want to go faster than anyone else and are in such a hurry that arriving 5 minutes earlier to their destination is the holy grail, I pray for you.

I am not on either side but on the side of preserving human life. I personally try to travel with the flow (picked up the son this pm at LAX doing 77mph both ways on the 5). If I am doing 80 and the person behind me wants to do 100, I get out of his way as soon as I can safely change lanes.

Johnny, you seem to have a rage against a small group of people as indicated by your indolence about receiving/ collecting 3 speeding tickets. I have never received a speeding ticket in my life (oops knock on wood) but this does not mean I have never been guilty, just lucky. You should see me drive the 40 on the way to Laughlin.

I suggest that you lose the attitude and smell the roses. Nothing, and I mean nothing is worth risking your life and other lives by showing up another driver on our byways. We have to share the roads everyday with morons and idiots. I would rather look out for myself, my family and other drivers who share the same space daily than to make a critical error because someone "hogged" the fast lane. Do you get my point? Slow down and enjoy your famoly when you return home everyday.


When someone cuts me off, camps in the fast lane or does anything else that would perturb most drivers I wish them well. I do this because they either made a bad mistake and I was paying enough attention to save us both (I've been the perp also). It's called defensive driving not aggressive driving.

I always (well most times) try to make eye contact with the person and give them the "we're both lucky, have a nice day" with an ear to ear grin and a smile. This will disarm most people. If it doesn't move on.

Road rage should be a thing of the past (like DD Whizz's opines, ouch just slipped that one in to see if Double D's was paying attention) because we have all had bad moments that infringed on others space while driving. Next time you are on the road and either you piss someone off or someone pisses you off, try to smile and wave with shrugged shoulders as a sign of "let's get along". You might be surprised how this sign will be accepted and how much better the rest of your day will go. I do not suggest this tactic when Motorcycle gangs are involved.

I hope that you get to feel the satisfaction of someone meekly gesturing that "I'm sorry, I blew it but you saved my ass". Anyone can get pissed off behind the shield of their auto. It takes a truly good hearted person to take their ego and throw it in the trunk for the sake of kindness to another driver.

Come and get me Double D's

Dumb Dumber wrote on Jun 30, 2008 7:53 PM:Cell phones are for narcissistic drivers who believe those calls are so DARN special and important need to HANG IT UP! No call is important enough to endanger another driver. NONE of your calls are that DARN important nor are any of the incoming callers! NONE of you drive that well anyway. The text messages will be outlawed in January!

Lisa wrote on Jun 30, 2008 8:04 PM:This is copied and pasted from: http://www.dmv.ca.gov/cellularphonelaws/index.htm

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.

So it's not against the law but dependant on an opinion of the cop.
Very wishy-washy written law.

To Piano Lady wrote on Jun 30, 2008 8:14 PM:The problem is that the Vehicle Code is not made up of Yes and No questions. Just because something is not expressly prohibited does NOT mean it IS permitted. The questions/answers on the DMV website are an interpretation of the new law. Final interpretation of the law won't occur until the first person is ticketed and fights the ticket in court. Then a member of Judicial branch of the government will set precedent by making the first legal interpretation of the new law. That interpretation may stand or be appealed ad nauseum until the final interpretation is made. Lawyers become rich arguing the shades of gray in our laws.

Uhhh wrote on Jun 30, 2008 9:15 PM:Kinda funny how no one seems to know there is substantial credible evidence that proves cell phones are horrible for health.

K everyone sais anything can cause cancer these days. Right, but why bring your chances up 10-25% for getting cancer if you HAVE THE CHOICE?

Obviously the cell phone industry isn't going to promote all the possible health risks, which are high, and the devices are defined as.......

microwave radiation!!! Studies that have been on going for about 10 years now, suggest heavy users..6 times a week, people who live near or close by antennas have 10-20% risk of health problems, and kids well that is just a shame submitting a child to radiation while they are still growing.!

Google. Studies in Medina California...scary! Go to U-tube!

blm follow up to Karl wrote on Jun 30, 2008 9:52 PM:The (Observed) California Drivers’ Handbook

When you are talking on your cell phone, with or without a headset, it is other people’s responsibility to stay out of YOUR way; your call is very important. It is much safer if you slow down a lot, too.

Using the turn signal before you change lanes or turn would probably either confuse someone, or they wouldn’t notice anyway because they are talking on the phone.

If you can tap your brake at the stop sign without actually slowing very much, you’ll save a lot of time in the long run.

When two lanes narrow into one, make sure to jealously prevent anyone from getting in front of you to make sure everyone knows you won the race.

Make sure you set a good driving example by going exactly the speed limit, or maybe a little under, in the fast lane.

There are two options for when you get behind someone in the fast lane who is “setting a good example”. (1) Jam around them on the right, swerve sharply in front of them to show your superior driving skills, then tap the brakes firmly enough to make them slam on their brakes to show them what they were doing to you, or, (2) take advantage of all the open space in the far right lane to jam past everyone else, remembering to honk and gesture vigorously at the rude drivers entering the freeway at only 10-15MPH above the speed limit.

When the light changes and a pedestrian enters the cross walk, swerve around him quickly so as not to impede the flow of traffic behind you.

When traveling with the flow on the freeway at 85MPH, make sure that you leave a maximum of 1-2 feet of space between you and the car in front of you, so as to allow more cars to be on the freeway, and so you get where you’re going that much faster. Besides, the race car drivers on TV do it.

When it rains or there is dense fog, make sure to show your courage, faith, and understanding of physics by maintaining the same speed and following distance you always do. Pass any driver stupid enough to slow down on the right.

The green light at an intersection means it is not only safe to go, but you MUST enter the intersection, even if there is no space on the other side to go. This is fair because now the drivers trying to cross the other way through the intersection have to wait as long as you did.

The yellow light at the intersection means floor it; if you’re gonna hit someone, it might as well be spectacular.

The red light at the intersection means it is ok not to stop if you are turning right.

Make sure if your little dog sits on your lap, that it is trained to bark aggressively at, well, everything.

If you detect an accident by the side of the road ahead, or even if it’s just a stopped car that MIGHT have been in an accident, make sure to slow down and carefully look for a dead body, or at least some blood. You never know when you might get lucky.

Dang wrote on Jul 1, 2008 5:57 AM:While riding NCTD's famous (ahem) breeze, the driver used his phone to answer a call from his office? And then to top it off I saw a Yellow Cab again hands off the wheel using his microphone, whats up???

Oh well wrote on Jul 1, 2008 6:38 AM:I can drive pretty well with my feet, no law against foot driving.

Remeber in the old days wrote on Jul 1, 2008 6:44 AM:when there was public telephone booths so you could talk in private? Seems like now your buisness is everybodys business, I can hear you discussing how you are behind in your bills and who is your husband cheating with this week. If I worked for the National Enquire I could be rich!

SOLON wrote on Jul 2, 2008 2:17 PM:= Driving and texting = accident in the making. This law is illogical.
Several bloggers yesterday said the law is unenforceable. Not really. All the PD have to do is subpoena your telephone records, (Big Brother does this, you know), to determine if the time of the call coincides with the time of the police stop. Hurray for the police state. He know what you are doing at all times.

Realist wrote on Jul 2, 2008 10:25 PM:I believe this law is a step in the right direction, but it didn't go far enough. Texting needs to be outlawed as well, since studies have shown that accidents increase BY A FACTOR OF 4 if one is using a cell phone while driving. Please, for pete's sake, HANG UP AND DRIVE!

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