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Posts Taged mercer-v-department-of-motor-vehicles

Red Lights and Cell Phones

Many of us have talked on our cell phone while driving even though we know it is a violation of the Vehicle Code. Vehicle Code section 23123 pertains to driving while using a cell phone without the use of a hands free device. Many of us have made or taken that occasional call while driving. Recently, I accepted such a call and quickly pulled over to the side of the road. As I spoke on the phone with my car idling I wondered if my actions constituted using a cell phone while “driving.” A recent case doesn’t answer that specific question; however, it does analyze similar issues.

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