Today, I woke up with some burning questions that need answers. Rather than Google, I thought: Why not put them to the neatoramanaut community, who've got to be smarter than Google's algorithms, right?
So here goes:
1. The other week, I saw a small plane crash into the 405 Freeway near Long Beach. When I went to take a photo of it, a CHiPs on foot pulled me over and gave me a ticket for using my phone while driving. I said, "Well, I'm using the camera, so it's not a phone at this point. Is there a law against pulling out my DSLR and taking a picture while traffic is basically stopped?" He said no, but there is a law about operating a motor vehicle without a hands-free device. QUESTION: If I dispute this ticket, will I win? Or is just my word against his?
2. When you cut a 12-hour Sudafed in half, do you only get 6 hours of sinus relief, or do you still get the full 12 hours, but only at half the strength? Anyone? Anyone?
3. Anyone own a BMW 3-series wagon? Thinking of buying a used one for my wife. Like a 2006 or 2007. Any advice? Good/bad? Pitfalls? Thanks all!
Comments (25)
Simply reading the statute doesn't answer the question. Oversimplifying slightly, it prohibits driving "while using a wireless telephone." (Veh. Code, § 23123.) Does that mean while using the telephone *as* a telephone?
People v. Spriggs (2013) 215 Cal.App.4th Supp. 1 held that using a phone as a GPS unit while driving violates the statute. It explained: "The statute . . . focuses on the distraction a driver faces when using his or her hands to operate the phone, specifically including 'the physical distraction a motorist encounters when either picking up the phone, punching the number keypad, holding the phone up to his or her ear to converse, or pushing a button to end a call.' That distraction would be present whether the phone is used for carrying on a conversation or for some other purpose."
Spriggs is a decision of a very low-level court (Fresno Superior Court). Other state courts could disagree. But they probably won't. While Spriggs is not binding, it *is*persuasive. In other words, a judge probably won't want to waste the time or energy to redecide the issue.
My non-lawlerly advice: Assert the First Amendment. Argue that the statute is unconstitutional to the extent that it prevents you from making a record of a newsworthy event.
Your pharmacist will advise not to.
Go over to the forums at http://www.bimmerfest.com/. I own an e46 and got/get great info over there. They're is lots of info they can share about what to look for etc even before you buy. HIghly recommended (I registered here just so I could answer this).
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