A Minnesota driver was pulled over for drinking a cup of coffee while driving.
Could the same thing happen in Bakersfield or Fresno?
The Gopher State has a very broad distracted driving law which prohibits
any conduct that takes the operator’s attention away from driving,
and drinking a beverage certainly qualifies as such. Lindsey Krieger,
who said she was “dumfounded” by the stop, was also cited
for failure to wear a seat belt. She claimed that she removed the seat
belt after she was pulled over.
Ms. Krieger said she intended to
fight the citation in court.
vetoed two attempts to toughen the state’s primary distracted driving law
in both 2011 and 2012, but the rejections probably had little to do with
the laws themselves.
The distracted driving laws in California are basically limited to cellphone
use. The main provisions in the Vehicle Code are:
VC 23123, which prohibits talking on cellphones that are not configured for hands-free
use and being employed in that fashion,
VC 23123.5, which prohibits texting and driving, and
VC 23124, which prohibits drivers under 18 from using a cellphone at all, even
if configured for hands-free use.
Not too long ago, a Fresno court ruled that drivers can use apps and browse
the Web without violating VC 23123.5, as that law only applies to sending
and receiving text-based communications.
Getting Legal Help
The aggressive lawyers at Bigger & Harman, APC, are committed to giving
individuals a voice when dealing with speeding and traffic tickets. Call
today at 661-859-1177 or email
firstname.lastname@example.org to receive the personal professional attention you deserve. En español,
llame al 661-376-0214.