By Denise Rockenstein
Staff reporter
LAKE COUNTY – New laws prohibiting the use of wireless telephones while driving went into effect July 1. A total of six citations have been issued in Lake County since the laws became effective.
All of the citations issued in the county thus far, were written by officers of the California Highway Patrol. Officer Adam Garcia, public information officer for the Clear Lake area, reported on Thursday that CHP officers have issued a total of six tickets since July 1.
All other law enforcement agencies within the county reportedly have not issued any citations for violation of the new laws; however, many officers have been issuing warnings to motorists observed breaking the laws.
The first law, VC 23123, prohibits all drivers from using a handheld wireless telephone while operating a motor vehicle. Motorists older than 18 years, may use a hands-free device. The second law, VC 23124, prohibits drivers younger than 18 years, from using any wireless telephone, pager, laptop or other electronic communication or mobile service device to speak or text in any manner while driving.
Use of a cell phone while driving is a primary offense and officers may stop motorists for the violation. Use of a hands-free device by a driver younger than 18 is a secondary offense and officers can issue a citation if the offender is pulled over for another violation.
The laws allow drivers to use a wireless telephone to make emergency calls to a law enforcement agency, medical provider, the fire department or other emergency service agency. The laws apply only to the driver of the vehicle and do not apply to passengers.
Blue Tooth and other earpieces are legal for drivers 18 and older, however, both ears may not be covered. Use of the speaker phone function is also permitted for those 18 and older.
According to information provided by the CHP Media Relations Office in Sacramento, the base line for the first offense is $20 and $50 for subsequent convictions. According to the Uniform Bail and Penalty Schedule, with the addition of penalty assessments, the first offense is $76 and the second is $190.
Clearlake Police Department Detective Mike Hermann, who is also the department”s information officer, said that the laws are the result of statistics collected throughout the state that logged accidents with relation to cell phone use. “Too many people are distracted by cell phone use,” he said. “I”ve noticed with everybody, there are several people still holding cell phones up to their ears.”
Hermann said education in the state has been great with roadway signage and officer training. He said CPD officers received training and “bullet points” for enforcing the new laws. No citations have been written by the officers, he reported; however, warnings have been issued and motorists should expect enforcement.
Lakeport Police Lt. Brad Rasmussen reported that LPD has not issued any citations yet either. However, officers have been pulling people over and issuing warnings for the infractions. “We are aware of the new law and our officers are looking for those violations,” Lt. Rasmussen said. “Mostly, we”re trying to continue to educate the public of the new laws, although we do have the authority to issue citations.”
Lake County Sheriff”s Department Chief Deputy Jim Bauman reported that deputies have not been given specific direction to issue tickets and/or warnings for the violation and any tickets issued are at the discretion of the deputy.
Contact Denise Rockenstein at drockenstein@clearlakeobserver.com.
