[carogers86]

Hi All,

I received a 'distracted driver' ticket a few weeks ago on I-80 westbound in Berkeley. Specifically, this is for violating CVC 27400 Headsets and Ear Plugs Over Both Ears Prohibited

I knew it was against the law to have an earpiece in more than one ear while driving. Without this law, some drivers might blast heavy metal so loud in their earpieces that they couldn't hear the siren of a patrol car, ambulance, or other emergency vehicle. I broke the law, and I knew I was breaking the law when I put the second earpiece in. Why wasn't I using the blue tooth feature in the 335? I try all the time, but a lot of friends/clients complain that they can't hear me or that I sound like I am really far away, so I settled with headphones. Why did I cross into the danger zone putting the second earpiece in my ear if I knew I was breaking the law? I was on the phone with a friend and it is easier to hear with both earpieces in and I find that the hanging weight of the other earpiece pulls the single earpiece out of my ear. I also had the windows down because it was such a beautiful day and I was making the most of being stuck in traffic.

I was hum-drumming along I-80 westbound stuck in the usual Berkeley gridlock talking to my friend. I saw a police officer pulled over handing a traffic citation to another car and when finished I even let him back into the slow lane. The ear buds are ridiculously comfortable in my ears and if I were wiser, would have removed one having seen a CHP. I didn't think it was an issue, boy am I stupid. The officer moved left, slowed down and got right behind me. I thought I was going down for my tints. I even told my friend on the phone that I am probably going down for tints. Sure enough, the CHP sounds the siren and turns on the lights. I pull over immediately. I tell my friend I'll call him back and take out my head phones.

Officer walks up asks for the license, reg, and proof of insurance, all of which I hand over quickly. He asks if I knew why I was pulled over and I tell him I don't know. He said, "I appreciate your use of a hands-free device, but you can't have both earpieces in. I will be issuing you a distracted driver ticket, but it's a small fine." I sat perplexed, not sure if I should be happy that I don't need to remove my tints and have to deal with all of that, or if I seriously just received a ticket for the extra earpiece and driving distracted. I instantly compared myself to those old ladies driving 60 in a 65 in the slow lane totally oblivious to the traffic jam they are creating, but wait, that's no where near what I was doing.

I got the ticket today, and it's not a small fine, it's $207.00. I was expecting something along the lines of $75 and I would have accepted that because I was breaking the law. $207 is outrageous. I was speechless after his explanation of being distracted. I mean, I was totally observant of everything the CHP did right up until he pulled me over; hardly distracted. His siren blared and lights came on and I pulled over immediately; I wasn't distracted. I didn't just keep driving because I was so distracted that I didn't notice the lights, nor have rage against the machine turned up so loud I couldn't hear the siren. I was in gridlock traffic staying in one lane having a calm conversation with a friend. I wasn't a dangerous driver bouncing off the lanes endangering the public with the second earpiece. What if I had my windows rolled up, blasting heavy metal through the logic 7 speakers so I couldn't hear anything? For christ's sake.

I see so many people driving without headlights on, driving on spare wheels, tail light out, driving with 22 inch rims on a poorly maintained car with red tape on the brake lights. Why not get those guys? AHhhhhhhhhhhhhhhhh.

I think it goes without saying, I will fight the ticket.

tl;dr Always use bluetooth.