[carogers86]

Hi All,

I received a 'distracted driver' ticket a few weeks ago on I-80 westbound in Berkeley. Specifically, this is for violating CVC 27400 Headsets and Ear Plugs Over Both Ears Prohibited

I knew it was against the law to have an earpiece in more than one ear while driving. Without this law, some drivers might blast heavy metal so loud in their earpieces that they couldn't hear the siren of a patrol car, ambulance, or other emergency vehicle. I broke the law, and I knew I was breaking the law when I put the second earpiece in. Why wasn't I using the blue tooth feature in the 335? I try all the time, but a lot of friends/clients complain that they can't hear me or that I sound like I am really far away, so I settled with headphones. Why did I cross into the danger zone putting the second earpiece in my ear if I knew I was breaking the law? I was on the phone with a friend and it is easier to hear with both earpieces in and I find that the hanging weight of the other earpiece pulls the single earpiece out of my ear. I also had the windows down because it was such a beautiful day and I was making the most of being stuck in traffic.

I was hum-drumming along I-80 westbound stuck in the usual Berkeley gridlock talking to my friend. I saw a police officer pulled over handing a traffic citation to another car and when finished I even let him back into the slow lane. The ear buds are ridiculously comfortable in my ears and if I were wiser, would have removed one having seen a CHP. I didn't think it was an issue, boy am I stupid. The officer moved left, slowed down and got right behind me. I thought I was going down for my tints. I even told my friend on the phone that I am probably going down for tints. Sure enough, the CHP sounds the siren and turns on the lights. I pull over immediately. I tell my friend I'll call him back and take out my head phones.

Officer walks up asks for the license, reg, and proof of insurance, all of which I hand over quickly. He asks if I knew why I was pulled over and I tell him I don't know. He said, "I appreciate your use of a hands-free device, but you can't have both earpieces in. I will be issuing you a distracted driver ticket, but it's a small fine." I sat perplexed, not sure if I should be happy that I don't need to remove my tints and have to deal with all of that, or if I seriously just received a ticket for the extra earpiece and driving distracted. I instantly compared myself to those old ladies driving 60 in a 65 in the slow lane totally oblivious to the traffic jam they are creating, but wait, that's no where near what I was doing.

I got the ticket today, and it's not a small fine, it's $207.00. I was expecting something along the lines of $75 and I would have accepted that because I was breaking the law. $207 is outrageous. I was speechless after his explanation of being distracted. I mean, I was totally observant of everything the CHP did right up until he pulled me over; hardly distracted. His siren blared and lights came on and I pulled over immediately; I wasn't distracted. I didn't just keep driving because I was so distracted that I didn't notice the lights, nor have rage against the machine turned up so loud I couldn't hear the siren. I was in gridlock traffic staying in one lane having a calm conversation with a friend. I wasn't a dangerous driver bouncing off the lanes endangering the public with the second earpiece. What if I had my windows rolled up, blasting heavy metal through the logic 7 speakers so I couldn't hear anything? For christ's sake.

I see so many people driving without headlights on, driving on spare wheels, tail light out, driving with 22 inch rims on a poorly maintained car with red tape on the brake lights. Why not get those guys? AHhhhhhhhhhhhhhhhh.

I think it goes without saying, I will fight the ticket.

tl;dr Always use bluetooth.

[miiipilot]

I would also fight it.

Please let us know how it turns out.

[ShopVac]

I bet if you look at the ticket...the fine is small.

What you don't see, is the additional Fire and EMS funds, tax funds, prepaid court fees, and everything else that 3 times what the actual fine is.

[Endless619]

Originally Posted by carogers86

Hi All,

I received a 'distracted driver' ticket a few weeks ago on I-80 westbound in Berkeley. Specifically, this is for violating CVC 27400 Headsets and Ear Plugs Over Both Ears Prohibited

I knew it was against the law to have an earpiece in more than one ear while driving. Without this law, some drivers might blast heavy metal so loud in their earpieces that they couldn't hear the siren of a patrol car, ambulance, or other emergency vehicle. I broke the law, and I knew I was breaking the law when I put the second earpiece in. Why wasn't I using the blue tooth feature in the 335? I try all the time, but a lot of friends/clients complain that they can't hear me or that I sound like I am really far away, so I settled with headphones. Why did I cross into the danger zone putting the second earpiece in my ear if I knew I was breaking the law? I was on the phone with a friend and it is easier to hear with both earpieces in and I find that the hanging weight of the other earpiece pulls the single earpiece out of my ear. I also had the windows down because it was such a beautiful day and I was making the most of being stuck in traffic.

I was hum-drumming along I-80 westbound stuck in the usual Berkeley gridlock talking to my friend. I saw a police officer pulled over handing a traffic citation to another car and when finished I even let him back into the slow lane. The ear buds are ridiculously comfortable in my ears and if I were wiser, would have removed one having seen a CHP. I didn't think it was an issue, boy am I stupid. The officer moved left, slowed down and got right behind me. I thought I was going down for my tints. I even told my friend on the phone that I am probably going down for tints. Sure enough, the CHP sounds the siren and turns on the lights. I pull over immediately. I tell my friend I'll call him back and take out my head phones.

Officer walks up asks for the license, reg, and proof of insurance, all of which I hand over quickly. He asks if I knew why I was pulled over and I tell him I don't know. He said, "I appreciate your use of a hands-free device, but you can't have both earpieces in. I will be issuing you a distracted driver ticket, but it's a small fine." I sat perplexed, not sure if I should be happy that I don't need to remove my tints and have to deal with all of that, or if I seriously just received a ticket for the extra earpiece and driving distracted. I instantly compared myself to those old ladies driving 60 in a 65 in the slow lane totally oblivious to the traffic jam they are creating, but wait, that's no where near what I was doing.

I got the ticket today, and it's not a small fine, it's $207.00. I was expecting something along the lines of $75 and I would have accepted that because I was breaking the law. $207 is outrageous. I was speechless after his explanation of being distracted. I mean, I was totally observant of everything the CHP did right up until he pulled me over; hardly distracted. His siren blared and lights came on and I pulled over immediately; I wasn't distracted. I didn't just keep driving because I was so distracted that I didn't notice the lights, nor have rage against the machine turned up so loud I couldn't hear the siren. I was in gridlock traffic staying in one lane having a calm conversation with a friend. I wasn't a dangerous driver bouncing off the lanes endangering the public with the second earpiece. What if I had my windows rolled up, blasting heavy metal through the logic 7 speakers so I couldn't hear anything? For christ's sake.

I see so many people driving without headlights on, driving on spare wheels, tail light out, driving with 22 inch rims on a poorly maintained car with red tape on the brake lights. Why not get those guys? AHhhhhhhhhhhhhhhhh.

I think it goes without saying, I will fight the ticket.

tl;dr Always use bluetooth.

Fight it. Easy win.

You can go at it a couple ways. One is:

1. It is for cell phone only and the cop already stated that. You can have 2 earplugs in, if its for phone purposes only. I don't care what anyone says here.

You can clearly see an emergency vehicle coming with lights on. We have police and fire all the time with just lights on during calls. Both night and day calls. So thats a "toss out the window" ticket.

You will still end up paying $20+ for it getting thrown out if you goto court.

[Inspired]

Why would you waste your time fighting this? You clearly broke the law by having both of your earpiece on. You can try fighting this in court and hope that the officer doesn't show up. But if the officer shows up, you will have to pay the fine.

BTW, what do you expect a small fine to be in CA? A parking ticket cost $60 in SF, you really expect a citation to be under $100?

[1fastdoc]

So if the fine was low you'd admit guilt (which you already have) and pay it.

But if the fine is high you will fight it because you're not guilty?

Did I get that right?

I'm all for high fines for distracted drivers. I've been hit by a few.

[gatorfast]

Moral of the story is that BMW bluetooth sucks

[bbbbmw]

I always felt in CA that driving a nice car is like painting a target on your back. Anyone else feel that way?

[cotenseto]

Originally Posted by gatorfast

Moral of the story is that BMW bluetooth sucks

Really? I think Bluetooth in my car works well.

Obviously if you are driving with the windows down on a highway there will be lots of background noise. But put on your AC and up the windows and I've never had an issue.

c

[gatorfast]

Originally Posted by cotenseto

Really? I think Bluetooth in my car works well.

Obviously if you are driving with the windows down on a highway there will be lots of background noise. But put on your AC and up the windows and I've never had an issue.

c

I can hear when on Bluetooth loud and clear. It's the person on the other end that has the issue. Like OP stated, I've been told numerous times that it sounds a little fuzzy or like I'm far away when I'm on Bluetooth.

[kits135i]

RANT

First, I just want to say, it's not nice of you to pick on metal. it can be any music that some dbag can be blasting and not hear with two ear buds in. Even with one in the ear, if the music is loud enough you would have a hard time hearing the emergency vehicles.

Now on to the ticket. You broke the damn law deal with it!!!! Sure you can go in to court and bitch, which is why the tickets keep going up as that cost a lot of money hearing a bunch of whiners all day, and get a reduced fine I'm sure, but you did the crime now PAY FOR IT and stop complaining how much it is! It cost $207 to help pay for all the people going to court whining they have to pay anything for breaking the law!

You think your phone call is more important to some person dying??? It's easy not to see the lights flashing in the middle of the day to know exactly where they are. You need to be able to hear where its coming from ASAP so you can move over ASAP! Windows up, both ear buds on a phone call (or blasting music), sorry, you are not hearing them till they are right on your ass slowing them down, while some guys life is one the line and every second counts!!!

As I have been this situation and almost lost my life due to some asshat slowing down the ambulance! I am a little annoyed when people think their phone call or party they are trying to get to are worth a person life. Just think about it next time you are slowing down some emergency vehicle, what if that was me that needed that to get to me...

These laws are made for a purpose. While most idiots think they are just money makers, they are for real reasons. They see what happens, they have the numbers that show this caused this many accidents and or deaths, this caused so many people from dying due to the ambulance or any other emergency vehicle not getting to their destination on time etc, etc.

Tired of people complain how they broke the law and now they have to pay for it. Let me play my worlds smallest violin for you while you pay the fine that is RIGHTFULLY due!

/RANT

[hailpersia]

Originally Posted by kits135i

RANT

First, I just want to say, it's not nice of you to pick on metal. it can be any music that some dbag can be blasting and not hear with two ear buds in. Even with one in the ear, if the music is loud enough you would have a hard time hearing the emergency vehicles.

Now on to the ticket. You broke the damn law deal with it!!!! Sure you can go in to court and bitch, which is why the tickets keep going up as that cost a lot of money hearing a bunch of whiners all day, and get a reduced fine I'm sure, but you did the crime now PAY FOR IT and stop complaining how much it is! It cost $207 to help pay for all the people going to court whining they have to pay anything for breaking the law!

You think your phone call is more important to some person dying??? It's easy not to see the lights flashing in the middle of the day to know exactly where they are. You need to be able to hear where its coming from ASAP so you can move over ASAP! Windows up, both ear buds on a phone call (or blasting music), sorry, you are not hearing them till they are right on your ass slowing them down, while some guys life is one the line and every second counts!!!

As I have been this situation and almost lost my life due to some asshat slowing down the ambulance! I am a little annoyed when people think their phone call or party they are trying to get to are worth a person life. Just think about it next time you are slowing down some emergency vehicle, what if that was me that needed that to get to me...

These laws are made for a purpose. While most idiots think they are just money makers, they are for real reasons. They see what happens, they have the numbers that show this caused this many accidents and or deaths, this caused so many people from dying due to the ambulance or any other emergency vehicle not getting to their destination on time etc, etc.

Tired of people complain how they broke the law and now they have to pay for it. Let me play my worlds smallest violin for you while you pay the fine that is RIGHTFULLY due!

/RANT

you whine like a little witch.

[ipso_facto]

Although you may not have infringed in the way that your ticket and fine imply that you did : I would personally be inclined to let this slide.

It is larger than you expected to receive - but it is not an inordinate amount of money.

Just because you see other, quite genuine problems, with other drivers and vehicles on a daily basis, does not change the fact that on that particular day - you are the one that got pulled over. Because you see these other things, does not alter the fact that you were dealt an injustice. The officer was likely trying to "make a point".

I would personally just pay up and forget it. Don't waste your precious time, or cause yourself any further grief, chasing a relatively small amount of money. Put it down to a life experience and move on.

Hope it helps - cheers ...

[Litos]

Originally Posted by carogers86

I received a 'distracted driver' ticket

I knew it was against the law

cool.

that about sums it up......

[MediaArtist]

Never get a ticket for anything in California.

[hailpersia]

Dude, just go to court. I don't mean fight it but just appear in court. most of the time they lower the fee. I had a $530 red light camera violation get reduced to $170. Not sure how much lower they will reduce it to at $207, though. but at least you'll get to see absolute retards and the stupid shit they say in court and that'll make you feel much better.

[Inspired]

Originally Posted by hailpersia

Dude, just go to court. I don't mean fight it but just appear in court. most of the time they lower the fee. I had a $530 red light camera violation get reduced to $170. Not sure how much lower they will reduce it to at $207, though. but at least you'll get to see absolute retards and the stupid shit they say in court and that'll make you feel much better.

The only problem is, do you want the OP to miss a day of work to drive from Sacramento to Oakland for court? That is about a 1.5 hour drive not including the crazy traffic during rush hour. So a potential 4 hour+ roundtrip drive + a taking a day off to save $200. Is that really worth it?

[ddk632]

Do trial by written declaration and it will likely just go away. This is a California thing that everyone who gets a ticket and fights should take advantage of. If you lose, you can still go to court. It's a win-win proposition.

[kits135i]

Originally Posted by hailpersia

you whine like a little witch.

You must be one of those asshats who thinks they are better than everyone else in the world... must be hard to live in your head...

[upstatedoc]

If you go to court to fight this and actually end up paying less than the ticket I will be flabbergasted. It's your word against his, that's it. There is no electronic equipment to doubt the accuracy of, nothing. Good luck.

[carogers86]

Originally Posted by 1fastdoc

So if the fine was low you'd admit guilt (which you already have) and pay it.

But if the fine is high you will fight it because you're not guilty?

Did I get that right?

I'm all for high fines for distracted drivers. I've been hit by a few.

Naah, speedy doc.. I don't want to be cited and fined for being a distracted driver. Though I don't agree with the reason for which I was cited, I would have paid it and moved on with my life if it were less than $150. Frankly, it wouldn't be worth my time to fight. This fine crossed that price threshold where it would be worth my time and effort to reschedule a few clients to fight it.

Make sense?

[carogers86]

Originally Posted by bbbbmw

I always felt in CA that driving a nice car is like painting a target on your back. Anyone else feel that way?

My gf said the same thing to me!