MorganHillTimes.com | Police enforcing cell phone traffic law

Police enforcing cell phone traffic law

Dec 1, 2008
By Michael Moore

Morgan Hill

Nearly 70 motorists have been cited by Morgan Hill Police for talking on their cell phones while driving in the last five months.

According to MHPD officials, as of Nov. 26 local traffic enforcement officers have issued 67 tickets for violations of the new law which went into effect July 1, making it illegal for any driver to use a hand-held cell phone while operating a vehicle.

Other law enforcement agencies in the area have enforced the law just as actively, and Commander David Swing of the MHPD said the local department has not instituted a "specialized enforcement" strategy for the new law. In fact, the numbers of citations may drop off as more motorists become aware of the law.

"When any new law comes out, there is a certain amount of education (needed) so that people will be more aware of the law, and can abide by it," Swing said.

Adults may still drive and talk on the phone if they use a hands-free device, but minors are prohibited from using any wireless telephone, hands-free or hand-held. Another state law which will ban sending text messages on a hand-held device will take effect Jan. 1, 2009, according to Swing.

The Gilroy Police Department did not have the most recent data available at press time, but as of Oct. 8, officers there issued the same number of tickets (67) to Gilroy drivers, according to GPD Sgt. Jim Gillio.

And the California Highway Patrol cited 150 people in Santa Clara and San Benito counties for violations of the hand-held cell phone law as of Nov. 8, according to CHP spokesman Chris Armstrong.

The vast majority of alleged offenders are adults.

Based on these numbers, the law has provided a steady stream of revenue for the state, Santa Clara County, and local police departments.

First-time offenders of the cell phone law are required to pay a $94 ticket, according to Carl Schulhof of the Santa Clara County Superior Court. While the base bail amount for the ticket is only $20, the final price tag includes a variety of state mandated penalty assessments which produce funds that are divvied up among "all kinds of revenue distribution categories," including EMS, the court, and municipal agencies, Schulhof said.

He said the formula that determines who gets what from each fine is "fairly complex," and he did not know how much of the revenue the MHPD would receive from each fine. However, he suggested the amount would be small after all the other agencies and departments have taken their cut.

With each subsequent violation of the hands-free cell phone requirement, the penalty assessments increase, and a second offense can result in a fine of more than $200, Schulhof added.

The citation is not considered a moving violation, so it does not automatically tarnish a motorist's driving record.

Specifically exempted from the law are emergency service professionals who use a cell phone while operating an emergency vehicle.

Michael Moore
Michael Moore covers county and law enforcement issues for the Morgan Hill Times. Reach him at (408) 779-4106, ext. 202, or mmoore@morganhilltimes.com.