Has anyone successfully contested a handheld cellphone ticket in CA?

[jkarnofsky]

Has anyone successfully contested a handheld cellphone use (voice or text) ticket in CA using the defense 'I was at a stop sign/light at the time of the use and not in motion, so I wasn't driving'?

The way the law is written; it discusses using the handheld cellphone while operating a vehicle. By that definition, if you are behind the wheel, with the engine running, in traffic (moving or not); you are operating the vehicle and therefore handheld cellphone use would be illegal.
I have not received a ticket for this; but my sister is a text message addict and this is her theory. Fortunately, she has not yet received a ticket for this neither. This is to settle a casual bet between her and I for dinner.....

 

[frank]

As you point out, you are operating a motor vehicle even if it is not currenly in motion. Quite a few drunk people have been convicted of OUI when the vehicle was parked.

Good luck with your attempt, though.

 

[neerparry]

ahhh

heloow and mby

 

[neerparry]

just so so

heloow and mby

 

[neerparry]

opposite

heloow and mby