This morning, "DuchessofAsia" asked me about an e-mail that her sister forwarded to her regarding "New California Laws" that were alleged to take effect on July 1st.  She was especially interested in whether it was true all cell phone use while driving must be "hands free" now (using either a ear-bud or speaker).  According to the e-mail, violators would face a fine of $285 and law enforcement would be "looking for this like crazy" to collect "easy money."

It is true that California passed a cell phone "hands free" law for motorists, however, it does not take effect until next year, on July 1, 2008.  Also, the fine for the first offense is only $20, not $285.  Subsequent offensives are $50.  Here's a transcript of Governor Schwarzenegger remarks regarding the new law (SB 1613).  The Governor assures us the new new law will "save lives by making the road safer."  He claims that cell phone use in the car is "really dangerous" and responsible for 1000 accidents every month.  The Governor also points out an exception to the new law, which is making an emergency telephone call.

Another "new law" listed in the e-mail related to the carpool lanes on the freeway.  The fine for driving illegally in the carpool lane was rumored to be going up to $1068.50 and this would double on the second offense, triple on the third and one's license would be suspended on the forth offense.  This alleged change to the law is untrue.  The fine has increased, but only to $380.  So, it will cost you a pretty penny if you violate this law and get caught, but it's not going to hit you like a rent or mortgage payment!

Other fines and information in the e-mail are inaccurate as well.  The motor vehicle code sets forth guidelines with a range of possible fines.  The fines are set by each county and can vary widely.  Here's a link from the DMV to a section of the vehicle code relating to fines and penalties for driving offenses.

According to an article originally published in the Sacramento Bee, the CHP has been "flooded" with calls from the public and the media wanting to know if the e-mail was true.  Strangely, I didn't see any information on the CHP website addressing the issue.  One would think a bulletin might cut down on the number of calls to the agency.

I hope everyone had a great weekend and managed to keep cool!

-- Michael

Michael W. Crosson, Attorney at Law
Family Law, Bankruptcy, Small Business Matters & Intellectual Property
Representing clients in the greater Sacramento area, including Placer, Yolo & El Dorado Counties

P.S.  --  It's been illegal in California for a long time to drive with stereo headphones on (covering both ears).  I received a ticket for this back in the 80's in the Los Angeles area for listening to my old Sony Walkman.  If memory serves, it was about $100.  My newest cell phone, the Nokia 5300 only came with stereo ear buds because it is also an MP3 music player.  To comply with the new law next year, I would need to get a new headset or only listen with one ear.  Alternatively, I could use the built in speakerphone.  By the way, the 5300 is great!  The only thing I am unhappy with is the battery life.  It's OK, but not as good as my previous phone, especially in stand-by mode.   T-Mobile recently reduced the price to just $49.00 after rebate.  I'm enjoying their "My Faves" plan, which lets you call five people of your choosing on any carrier (or even land lines) unlimited.

P.S.S. --  For reference, here's a copy of the bogus e-mail that is floating around.  Again, the information below is not accurate!  It serves as a good warning not to believe everything you read on the Internet and to always consider the source.

New California Laws/ Driving Fines effective 7/1/07

1. Carpool lane - 1st time $1068.50 starting 7/1/07 (The $271 posted
on the highway is old). Don't do it again because 2nd time is going to be
double. 3rd time triple, and 4th time license suspended.

2. Incorrect lane change - $380. Don't cross the lane on solid lines or intersections.

3. Block intersection - $485

4. Driving on the shoulder - $450

5. Cell phone use in the construction zone. - Double fine as of 07/01/07.
Cell phone use must be "hands free" while driving.

6. Passengers over 18 not in their seatbelts - both passengers and drivers get tickets .

7. Speeders can only drive 3 miles above the limit.

8. DUI = JAIL (Stays on your driving record for 10 years!)

9. As of 07/01/07 cell phone use must be "hands free" while driving.
Ticket is $285. They will be looking for this like crazy - easy money for police department.