Court Rules That Driving Includes Being Stopped at Red Light While Using Cell Phone.
Our office receives about one call per week about traffic violations involving the use of cell phones. The caller usually received a ticket for using the cell phone and simply wants to know if there is any defense. There is a defense of using the phone to call 911 or being called on an emergency, but otherwise, the defenses are strictly limited.
The following case tested a novel and perhaps clever defense: my car was not moving while the phone was in use.
On December 28, 2009, a Richmond, California motorcycle officer pulled up at a red light alongside Mr. Carl Nelson. The officer watched Nelson, who was sitting behind the wheel of his car, open his flip-style cell phone, dial a number and put the phone to his ear while holding the phone in his left hand.
Nelson then noticed the police officer alongside him and quickly ended the call. The light then turned green, Nelson pulled forward, the officer activated his flashing light and pulled Nelson over.
The officer cited Nelson for a violation of California Vehicle Code
