If You’re Stopped At a Red Light, Are You “Driving”? [Using cellphone]

The Volokh Conspiracy ^ | November 15, 2011 | Orin Kerr

[QT3.14]

[You'll need to scroll about half way down the page]...Yes, says a California court, at least for purposes of interpreting a California law that prohibits using a cell-phone while driving.

[QT3.14]

Interesting comments section.

[US Navy Vet]

Is you car running and are you in it? They YOU are “driving”!

[WOBBLY BOB]

for purposes of DUI , if you’re on a public street , in the car, with possesion of the ignition key, you’re driving.

[SaxxonWoods]

Yes, of course you are driving and talking on a cell phone.

Not that there should be anything WRONG with that...

[arrogantsob]

If you are not parked and on the road then “yes”.

[SoldierDad]

If you are in a vehicle that is running and a part of the traffic, whether moving at any specific time or not, YES, you are driving. NO, you should not be using a cell phone. When using a cell while behind the wheel the driver IS NOT paying attention to anything else around him/her.

[Jagdgewehr]

Yep.

[Altariel]

No need to do any scrolling. This is the direct link to the blog posting:

http://volokh.com/2011/11/15/if-youre-stopped-at-a-red-light-are-you-driving/

Which links us to another blog:

http://howappealing.law.com/111511.html#043586

Which then takes us to the source articles.

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2011/11/15/BAL91LV1C0.DTL

http://sfappeal.com/news/2011/11/court-says-using-hand-held-cellphone-at-red-light-violates-sate-law.php

http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202532415707

http://calapp.blogspot.com/2011/11/people-v-nelson-cal-ct-app-nov-14-2011.html

http://www.courtinfo.ca.gov/opinions/documents/A131301.PDF

[momtothree]

Not to argue with you Wobbly Bob.. but I thought the ignition key had to be in the ignition. The car didn’t have to be running; however, DUI cases could be made if the car was turned off (but the ignition key was inserted).

[cuban leaf]

Yes. You are driving. You are responsible for controlling the car on the road. If a car comes careening at you from any direction, even when stopped, you should at least be paying attention enough to take evasive action if possible.

Now, if you are in a parking space with the car in park, that is a different matter. I did actually read right here on FR about a guy that was in the parking lot of a Starbucks, engine running, but in park, checking his phone messages before he took off. A cop wrote him a ticket for driving while on the cell phone. That’s just stupid.

[Brookhaven]

You’re in the middle of the road.
The car is running.
The transmission is in drive.
You’re driving.

[WOBBLY BOB]

can’t speak for CA, but in MN, key just has to be on you and you in the car.

[Political Junkie Too]

I heard radio reports of people being ticketed in parked cars with the engine running in San Francisco.

-PJ

[Uncle Ike]

” at least for purposes of interpreting a California law that prohibits using a cell-phone while driving “

at least for purposes of [squeezing every last drop of revenue out of the citizenry]

Fixed it....

[dfwgator]

As said earlier, if you are in the driver’s seat with the keys, you’re driving, even if the engine is not running.

[momtothree]

Dang... that is very strict!

[org.whodat]

Correct, as long as the key is in the ignition, you are driving, has been up held by many courts, where people were drunk.

[org.whodat]

Correct, as long as you are behind the wheel and the key is in the switch.

[Smogger]

California’s idiotic law doesn’t care if you are using a cell-phone (though I agree it’s one of MANY distracting things you can do while driving) It’s only concerned with whether or not you are HOLDING a cellphone.

[Darren McCarty]

Yes. You are in control of the vehicle in the driver’s seat on a public roadway.