{"id":2631,"date":"2011-11-16T14:34:12","date_gmt":"2011-11-16T18:34:12","guid":{"rendered":"http:\/\/www.calemonlaw.com\/blog\/?p=2631"},"modified":"2012-08-24T13:02:28","modified_gmt":"2012-08-24T17:02:28","slug":"california-says-hands-free-even-at-a-stop-sign","status":"publish","type":"post","link":"https:\/\/www.calemonlaw.com\/blog\/?p=2631","title":{"rendered":"California Says Hands Free Even At A Stop Sign"},"content":{"rendered":"<p><a href=\"http:\/\/www.calemonlaw.com\/blog\/wp-content\/uploads\/2011\/11\/stop-using-phone.jpg\"><img loading=\"lazy\" decoding=\"async\" src=\"http:\/\/www.calemonlaw.com\/blog\/wp-content\/uploads\/2011\/11\/stop-using-phone.jpg\" alt=\"\" title=\"stop-using-phone\" width=\"120\" height=\"115\" class=\"alignleft size-full wp-image-2630\" style=\"float: left; margin: 3px 5px 0 0\"; \/><\/a>According to a court ruling on Monday, drivers in California who use their non hands free cellphones while stopped at a red light or in a traffic jam will be ticketed if caught.  This ruling comes after Richmond driver, Carl Nelson, received a ticket from an officer who saw him using his phone at a stop light in December of 2009.  He argued he was not driving because the car was stopped while he made the call.  Nelson referred to a 1991 Supreme Court ruling that said the term \u201cdrive\u201d requires proof of  \u201cvolitional movements\u201d.  In this case, a man suspected of drunk driving, was found asleep behind his running vehicle while parked on a residential street.  Court threw out the case saying that there was no \u201cvolitional movement.\u201d <\/p>\n<p>In a 3-0 ruling, judges said that even though Nelson was paused at the time, he was driving on the road in the midst of other moving traffic, and distractions in this situation could create hazards to other drivers on the road.  Nelson\u2019s attorney said he plans to appeal to the state\u2019s high court. <\/p>\n","protected":false},"excerpt":{"rendered":"<p>According to a court ruling on Monday, drivers in California who use their non hands free cellphones while stopped at a red light or in a traffic jam will be ticketed if caught. This ruling comes after Richmond driver, Carl Nelson, received a ticket from an officer who saw him using his phone at a&hellip; <a href=\"https:\/\/www.calemonlaw.com\/blog\/?p=2631\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[185,83,196,204,1221,201],"class_list":["post-2631","post","type-post","status-publish","format-standard","hentry","category-miscellaneous","tag-auto-safety","tag-california","tag-california-drivers","tag-distracted-driving","tag-lemon-laws","tag-safety"],"_links":{"self":[{"href":"https:\/\/www.calemonlaw.com\/blog\/index.php?rest_route=\/wp\/v2\/posts\/2631","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.calemonlaw.com\/blog\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.calemonlaw.com\/blog\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.calemonlaw.com\/blog\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.calemonlaw.com\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2631"}],"version-history":[{"count":5,"href":"https:\/\/www.calemonlaw.com\/blog\/index.php?rest_route=\/wp\/v2\/posts\/2631\/revisions"}],"predecessor-version":[{"id":3458,"href":"https:\/\/www.calemonlaw.com\/blog\/index.php?rest_route=\/wp\/v2\/posts\/2631\/revisions\/3458"}],"wp:attachment":[{"href":"https:\/\/www.calemonlaw.com\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2631"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.calemonlaw.com\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2631"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.calemonlaw.com\/blog\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2631"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}