So the nanny state took a big hit yesterday in regards to raising revenue as against those people like Cecilia Abadie, simply wearing “Google Glass” on their heads (What is “Google Glass”? Go here). First, let me start off with an introductory set up, so you can get into the mindset of one of the few tort attorneys in California who supports the notion that less government means more freedom.
When my wife and I commute around Santa Monica, and the West Side, I snap pictures of law enforcement officers chatting on their smart phones while on patrol. The law says that no one, including cops, are legally allowed to chat on their non hands free phones while operating a motor vehicle for personal business and our servants get to regulate themselves for the most part, and also regulate us simultaneously.
California Vehicle Code Section States:
23123 Hand Held Wireless Telephone Prohibited Use
Hand-Held Wireless Telephone: Prohibited Use
23123. (a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.
(b) A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.
(c) This section does not apply to a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.
(d) This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.
(e) This section does not apply to a person driving a school bus or transit vehicle that is subject to Section 23125.
(f) This section does not apply to a person while driving a motor vehicle on private property.
(g) This section shall become operative on July 1, 2011.
Added Sec. 5, Ch. 290, Stats. 2006. Effective January 1, 2007. Operative July 1, 2011.
Amended Sec. 3, Ch. 214, Stats. 2007. Effective January 1, 2008. Operative July 1, 2011. (See California DMV Website.)
The Intent of the Vehicle Code is to Raise Revenue, Not Increase Public Safety
“The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.” – Ayn Rand
Pictures of Cops Chatting Away on Personal Cell Phones
Freedom Loving People and The Implications of the Google Glass Case
The Case in Chief
William Blackstone, Commentaries 1:120–41 http://press-pubs.uchicago.edu/founders/documents/amendIXs1.html
Distracted Driving in California: http://caraccidentattorney.ehlinelaw.com/inattentive-driving/