California court says, Motorist can't use hand-held map

[Hum]

SAN FRANCISCO (AP) ? Steven Spriggs was stopped in a traffic jam near downtown Fresno and thought nothing of whipping out his iPhone 4 and clicking on the map feature to see if there was an alternate route around the construction mess.

He was startled when he looked up and saw a California Highway Patrol motorcycle officer ordering him to pull over. He showed the officer that he was looking at a map and not texting or talking.

"'Pull over,'" Spriggs recalled the officer as saying. "'It's in your hand.'"

A little more than a year later, Spriggs is at the heart of a novel court case that has technology blogs and social media sites buzzing about the $160 ticket plus court costs he was ordered to pay for "distracted driving."

A court commissioner and then a three-judge appellate panel of the Superior Court found Spriggs guilty of violating a California law that bans motorists from texting or conducting phone conversations with hand-held devices.

The judges rejected Spriggs' argument that they were expanding the law by refusing to toss out the ticket he got in January 2012.

Spriggs, who graduated from law school but is not a practicing attorney, represented himself before the commissioner and then the appeals panel. He initially brought a paper map to court to argue that it was legal to hold it while driving. Not persuaded, the traffic court commissioner found him guilty.

Next, he appealed to the three-judge panel of Fresno Superior Court, arguing in a legal brief that the iPhone has a flashlight feature and other functions that can be useful to a driver and aren't as dangerous as texting or talking. That hearing last all of 30 seconds because no one from the CHP or district attorney's office appeared to oppose the appeal by Spriggs.

He still lost.

Fresno County Judge Kent Hamlin, writing on March 21 for the three-judge panel upholding the commissioner's ruling, said "the primary evil sought to be avoided is the distraction the driver faces when using his or her hands to operate the phone. That distraction would be present whether the wireless telephone was being used as a telephone, a GPS navigator, a clock or a device for sending and receiving text messages and emails."

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[Argi]

Next, he appealed to the three-judge panel of Fresno Superior Court, arguing in a legal brief that the iPhone has a flashlight feature and other functions that can be useful to a driver and aren't as dangerous as texting or talking. That hearing last all of 30 seconds because no one from the CHP or district attorney's office appeared to oppose the appeal by Spriggs.

That isn't really a good argument. He should have hired a real attourney.

[HSoft]

California, figures....

[techbeck]

He was stopped...if he was moving I can see him getting a ticket.

[+LogicalApex MVC]

Well obviously, how else would it be possible to enforce the texting while driving ban? Everyone would just say "I was using Google Maps!"

[Hum]

What next -- I can't munch my french fries ... ? :p

[Charisma Veteran]

So would he be in this much trouble if it were a paper map? That should have been his argument. Those are much more time-consuming and distracting to read since there isn't a big arrow telling you where you are and orienting itself properly and etc.

[+primortal Subscriber²]

So would he be in this much trouble if it were a paper map? That should have been his argument. Those are much more time-consuming and distracting to read since there isn't a big arrow telling you where you are and orienting itself properly and etc.

From the article

Spriggs, who graduated from law school but is not a practicing attorney, represented himself before the commissioner and then the appeals panel. He initially brought a paper map to court to argue that it was legal to hold it while driving. Not persuaded, the traffic court commissioner found him guilty.

[HSoft]

Well obviously, how else would it be possible to enforce the texting while driving ban? Everyone would just say "I was using Google Maps!"

Could check the phone to see time you last texted. Get info phone company etc. There are a few ways to check.

[exotoxic]

Steven Spriggs was stopped in a traffic jam near downtown Fresno

California Highway Patrol motorcycle officer ordering him to pull over.

Does not compute.

If he was stood still then no problem. If He was moving and looking at it then its no different to texting or calling.

[threetonesun]

Does not compute.

If he was stood still then no problem. If He was moving and looking at it then its no different to texting or calling.

So no one would mind if I read a book while sitting in traffic?

I'm glad he got a ticket, more people need them. Driving in the city lately has become a game of "green light, honk to get the first car moving because the driver is updating his Twitter feed".

[Torolol]

perhaps google glass, with mApApps & voice command would be ok ?

[neufuse Veteran]

I can be just as distracted remembering to turn my turn signals on, or turning headlights on or off.... or operating windshield wipers... should I pull over, stop my car, park it, turn it off then put my turn signal on? then start going again?

This is almost as stupid as how Pennsylvania wanted to write their distracted driving law that said anything that causes motion of the hands to be a distraction in a car..... well guess I cant steer then..... (this law obviously got no where)

[HawkMan]

Pretty sure in most countries the driver isn't allowed to look at paper maps while driving either.

You're driving, your concentration should be on the road. Need to look at your phone, or GPS for any reason, pull over. A least with a mounted GPS you can glance, but our not supposed to stare at them either, you're supposed to use the voice guide.

[Dutchie64]

A ticket for a good reason.

Using a phone while driving, even slowly, takes your attention of the road.

I had a accident a while ago while in traffic jam, as the woman behind me was texting she was going to be late. Yes she was, especially after filling in all the paperwork.....

Even the so-called 'hands-free' calls are a distraction, especially in busy traffic. If you need to make a phone call, get off the road temporarily. Not for your safety, but others too.

I like to get back home in one peace, and not being hit by a car because the driver is commenting on a funny Tweet.

[HawkMan]

I can be just as distracted remembering to turn my turn signals on, or turning headlights on or off.... or operating windshield wipers... should I pull over, stop my car, park it, turn it off then put my turn signal on? then start going again?

This is almost as stupid as how Pennsylvania wanted to write their distracted driving law that said anything that causes motion of the hands to be a distraction in a car..... well guess I cant steer then..... (this law obviously got no where)

If you get distracted from signaling, which should be part of your reflexes, then I think you should perhaps consider not driving as you may not have the necessary multitasking skill to do other backgrounds tasks necessary to drive safely.

[theyarecomingforyou]

So would he be in this much trouble if it were a paper map? That should have been his argument. Those are much more time-consuming and distracting to read since there isn't a big arrow telling you where you are and orienting itself properly and etc.

The type of map is irrelevant, as taking your hands off the wheel increases the risk to the driver and other road users. As for the fact he was stopped, that's irrelevant because he was on the road - he wasn't parked. That said, it seems a bit over-the-top to be going after motorists that are stopped and haven't exhibited signs of dangerous driving.

[HSoft]

Laws are laws. Sadly most police in Cali are revenue raisers instead of crime fighters.

True. It also doesn't really help that Cali has the most overturned court system in America.

[neufuse Veteran]

perhaps google glass, with mApApps & voice command would be ok ?

California is already working on laws to outlaw google glass when driving....

If you get distracted from signaling, which should be part of your reflexes, then I think you should perhaps consider not driving as you may not have the necessary multitasking skill to do other backgrounds tasks necessary to drive safely.

My point is they have tried to write laws that would make that stuff illegal by literally definition

[Charisma Veteran]

From the article

*snip*

Derp you're right, somehow missed that when reading. >.< I must stop commenting before the caffeine has kicked in. Thanks for that.

This still seems a bit drastic... but perhaps it's just me.

[Hum]

I wonder how many people are reading those printed out driving directions from Yahoo maps or Map Quest, while trying to steer the car ....

[+LogicalApex MVC]

Could check the phone to see time you last texted. Get info phone company etc. There are a few ways to check.

You would have to be placed under arrest and a search warrant obtained for that to occur...

[thomastmc]

Was his name Clark Griswold?

[sc302 Veteran]

Even the so-called 'hands-free' calls are a distraction, especially in busy traffic. If you need to make a phone call, get off the road temporarily. Not for your safety, but others too.

I like to get back home in one peace, and not being hit by a car because the driver is commenting on a funny Tweet.

If you want to go that far, so is having a conversation with someone in the car. So is singing to your favorite song on the radio. So is listening/paying attention to a debate on a news station.

Having a conversation on the hand free that are built into the car is no more of a distraction than any of the above. Holding a phone to your ear you tend to forget what you are doing when things get heated, typing anything in distracts you from the road because you don't know where the keys are to type and you certainly can't feel them with the touch phones. Anything that takes away from you being able to view the road 100% of the time is a distraction. I hit a button on my steering wheel and with little thought I tell the system to call my wife. The system then dials my wife. I then tell her I am on my way and ask if she needs anything, if it is a long list I ask her to text me and I will look at it when I get to the store. I then ask how the kids were doing today. All the while having my hands on the steering wheel and not looking at anything else other than the road.

[Rohdekill]

Does not compute.

If he was stood still then no problem. If He was moving and looking at it then its no different to texting or calling.

It sure does compute when "while driving" means operating a vehicle. The keys were in the ignition and he was in the driver seat. That's all it takes for the law to consider you "driving" or "operating" a vehicle. Just ask any DUI recipient who fell asleep in their car with the keys in the ignition. It happens ALL the time.

Police in my state even said on TV that they can't enforce the no-text law as they have no clue the operator is actually texting. They could be doing anything else on the phone and it is legal. California may have generalized the law to state "distracted driving", which would include ALL apps, a manual map, putting on make-up, eating, etc... If this is the case, there's no way he will beat the ticket unless he happens upon a judge who might consider stopped at a light to be not technically operating a vehicle. Doubt that would ever happen.