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A Look at the State's Hands-Free Cell Phone Law, A Year After

Drivers Are Still Using Their Hand-Held Cell Phones Despite Law

POSTED: 5:18 pm PDT July 1, 2009
UPDATED: 5:52 pm PDT July 1, 2009

A year ago it became illegal to talk on your hand-held cell phone while driving, but that isn't stopping a lot of people from doing so anyway.

A year ago there was a mad rush to cell phone stores for Blue Tooths and other hands-free devices, but nowadays it's fairly clear the honeymoon is over, as people are either forgetting or just not caring about a law that could cost you as much as a $125 fine.

"People are still out there using their cell phones," says California Highway Patrol Officer Robert Rodriguez. "What a lot of people don't realize is that driving in and of itself is multi-tasking, and you add another distraction like talking on the cell phone, it actually hinders your reaction time during an emergency situation."

If you've looked around lately while driving, a lot of people still aren't following the law. In fact, ABC 23 News caught more than a dozen people on their hand-held cell phones in just a half an hour span near the Valley Plaza Mall this week, some chatting and driving more precariously then others.

So, why are so many people still breaking the law a year later?

"I don't know, out of convenience possibly," Rodriguez said. "It's definitely something that needs to be told to the people that you're driving, your multi-tasking, your focus should be on the roadway, 110%."

Bakersfield Police Det. Fred Calvillo said it's not unusual for people to start going back to old habits.

Neither agency has any specialized operations aimed at citing people for not using their hands-free devices, but cite people as they come across them.

"If we come across a violation we'll deal with it appropriately, whether it's issuing a citation or issuing a verbal warning," said Rodriguez.

The CHP has issued more than 2,200 citations in Kern County since last July, while Bakersfield Police has issued more than 3,000 infractions and that number is probably higher.

But it's hard to tell if people are being caught more now than before or whether the law is really making California roadways safer.

"We can't really compare statistical data," Rodriguez said, "because it's the first year the law has been in affect, so we'll see about next year."

But anecdotally what we see now is a lot of people still breaking the law.

The citation numbers also include the ban on text messaging while behind the wheel which went into affect in January.

And in case you're wondering why you might see police officers on their cell phone, well, they're exempt from the law as long as they're in an emergency vehicle.
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