[ZGuy]

Source linked simply lists cell phone laws in various states (Since I had to put in some URL)

[Genoa]

Ridiculous! When the driver hangs up, the call is over. If he’s DUI, he’s DUI for a while.

[Gaffer]

This isn’t a question of impairment; it is a question of ‘revenue’ for a severely strapped bankrupt state.

[the long march]

His mistake was in starting the engine. Sorry happens to be the way it is being enforced. Get a hands free voice activated system then you don’t have this problem

[OldEagle]

Another whizkid interpretation to keep LEO’s from thinking.

[latina4dubya]

He got his coffee and, with the car parked, started the engine and made a call to his next appointment to say he was on his way.

i've wondered if this was the case... to be safe, i just wear a headset... i would try fighting this ticket...

[Osage Orange]

So...how do the cops talk to their stations these days?

[Responsibility2nd]

Take it to court.

Demand a jury trial.

The judge may side with the cop. But there’s no way normal people would find this guy guilty.

[Kakaze]

This is the problem with feel good laws..............some dumb ass cop at the end of the month makes a arrest or citation without thinking.

The law was intended to stop distracted driving and to give a legislator something to campaign on, not hurting responsible people having a cup of coffee.

[556x45]

Its hard to believe this is really if he’s on private property. If he was on the road then maybe but not in the situation in the story. Id go to court and fight it.

[LearnsFromMistakes]

parked car in a Starbucks parking lot

What are the chances of being seen by a cop in a coffee shop parking lot?

[autumnraine]

Most states do not allow traffic tickets to be written on private property. Tell your friend to check into that.

For instance, if you hit a car in a parking lot, you could be shown as ‘at fault’ on the police report, but receive a traffic citation for whatever traffic law you disobeyed.

[NormsRevenge]

aRnie, the gift that keeps giving,, uhh, giving your dough to green-fascists

[autumnraine]

Here is your friend’s ticket out of his ticket. Being in the Starbucks parking lot is his get out of ticket free card.

Hope it helps!

http://www.nolo.com/legal-encyclopedia/article-29709.html

Ban on Handheld Cell Phones
The first law bans all drivers from using handheld cell phones while driving, starting July 1, 2008. The law does not affect passengers — they are free to use cell phones while traveling in an automobile. The law applies to anyone driving in California, whether the driver lives in California or not.

Exceptions. There are a few exceptions to the general ban. Handheld cell phones may be used:

to make an emergency call to a law enforcement agency, medical provider, fire department, or other emergency service agency
by those operating authorized emergency vehicles, and
by those operating vehicles on private property.

[Ditto]

The cop said that the new law is interpreted the same way as drunk driving--if you are behind the wheel of a car, drunk, while the engine is running, you can be arrested for DWI.

The DUI laws say if you are in a parked car, (engine running or not) and have the keys in the car or on your person, you are charged with DUI.

I'd tell this guy to fight the ticket since the responsible thing to do with a cell phone is to pull to the side of the road to make/receive the call. Weather or not the engine is running is not germane to the intent of the law which is to prevent distracted driving. (And a cup of hot coffee can be more far distracting than a cell phone if you spill it on your lap. Maybe he deserves a ticket for sitting in his car with coffee too. ;~))

[oh8eleven]

I think your friend is making this up or leaving something out. IIRC, you can't be given a ticket for just talking while driving.
You have to be committing some other "crime" like speeding, no signal, illegal turn, etc.

[CharlesWayneCT]

I’m surprised California doesn’t give out tickets for turning on your car without driving — it’s such a waste of energy and all.....

[Dr.Zoidberg]

Sounds like officer friendly needed to meet his quota of tickets for the day.

[Gay State Conservative]

I think I've read that courts have ruled that when it comes to crimes/violations that require "driving"...like DWI....if the key's in the ignition then the requirement has been met.The car needn't be in motion.It needn't even be started.

At least that's my understanding.I certainly could be wrong.