California's hands-free cellphone law for drivers takes effect Tuesday
Some Southland police agencies, such as the CHP, plan to be more aggressive than others in enforcing the law. The base fine for the first offense is $20, and it's $50 for subsequent convictions.
When the new law requiring drivers to use a hands-free device when making cellphone calls takes effect Tuesday, the odds of scofflaws being cited might depend on where they are driving.
While police agencies around Southern California said they will be enforcing the law, it appears some agencies are going to be more aggressive than others.
Sgt. Ruben De La Torre said the Los Angeles Police Department will go through an "educational" period at first, during which those cited will mostly be drivers who had a mobile phone pressed to their ear and were driving unsafely.
Those motorists driving safely while on a phone are more likely to get a warning or a reminder of the law if they are stopped, De La Torre said.
"It's on a case-by-case basis," he said. "But people have to be aware that it's a clear and obvious violation. My best advice to people is don't give an officer a reason to stop you."
The California Highway Patrol sounded a more literal tone.
Tom Marshall, a spokesman in Sacramento, said the CHP would enforce the law "fairly and aggressively." He noted that the law was passed in 2006, and that motorists have been given time to buy the technology needed to use a cellphone legally while driving.
"People ask us, 'Is there going to be a grace period?' We say 'Yes. It's June 30,' " Marshall deadpanned. "The legislature has talked about it. The governor talked about it when he was in L.A. Caltrans has the signs. The phone companies are all advertising because they want to sell the ear pieces. I don't think anyone can make the case they haven't had a chance to hear the law is going to be in effect."
He said enforcement of the law will dovetail neatly into a period of additional staffing for the Fourth of July holiday -- with 80% of CHP officers being on duty starting Thursday evening and ending Sunday.
"If one of our folks sees you [violating the mobile phone law], you better plan on being pulled over," said Marshall, though he added that CHP officers also have discretion on what action to take.
The law prohibits drivers younger than 18 from using any kind of mobile device while driving. They can't even use these devices to text message -- something adults are not precluded from doing by the law.
Drivers can be stopped for using a cellphone and cited even if they are not violating any other law. The base fine for the first offense is $20, and it's $50 for subsequent convictions.
