Hands-free law not yet in effect despite rumor
E-mail spreads half-truths about new traffic laws
By Joann Groff joann@theacorn.com

Hundreds, maybe thousands of people have received the email, and in an effort to be helpful, they've forwarded it on to their family and friends. Unfortunately, the e-mail regarding California's traffic laws is bogus, and has resulted in much confusion among drivers.

For one thing, the e-mail warns drivers that California's hands-free cellphone law went into effect Sun., July 1. But the law, which the governor signed last September, will not be enforced until July 1, 2008.

Deputies from the Lost Hills Sheriff's Station were familiar with the e-mail, saying they have definitely received their share of calls from concerned motorists.

Officer Shauna Davison of the California Highway Patrol confirmed the email hoax and assured drivers they had another year to pick up that headset.

When the law does go into effect a year from now, motorists with cellphones must use a handsfree device while driving or could be fined $20. Subsequent violations can increase to $50, still nowhere near the $285 ticket warned of in the e-mail.

"The new law requires that if you use a cellphone in your car starting July '08, you must use a hands-free device," said Douglas Ridley, an attorney who practices in Agoura Hills. "As long as you use a speaker, a headset or an earpiece, you will be fine. But again, this law does not take effect until 2008."

Reacting to the stillcirculating e-mail, newspapers all over the state have run stories about worried motorists and amped-up headset sales.

The CHP said it plans to launch an educational campaign as the true deadline approaches.

Bobbi Gomez, manager of an AT&T retail store in Westlake Village, said after last weekend she is very familiar with the e-mail.

"It has actually increased a whole lot," Gomez said of requests for headsets. She said many of the people shopping referenced the e-mail.

Gomez said she wasn't sure when the law was going into effect and had even heard that the whole law might be a fabrication.

Fueling the confusion is the fact that laws usually go into effect in either January or July after they are signed. Since the California Wireless Telephone Automobile Safety Act was signed in September 2006, it is logical to think this month's "deadline" could be correct. However, state Sen. Joe Simitian (D-Palo Alto), who wrote the bill, has been quoted saying he designated an extra 18 months to allow state officials more time to fully inform the public.

The e-rumor mill

Other false claims in the email hoax include warnings of carpool-lane tickets rising to more than $1,000 and a law that allows motorists to drive at 3 mph above the speed limit. All fine amounts mentioned in the e-mail were grossly exaggerated.

For example, the typical fine is $134, not $380, for changing lanes incorrectly or driving across solid lines, and if you're caught blocking an intersection the ticket will be $175, not $485. Driving on the shoulder is a $134 ticket rather than the $450 noted in the e-mail. Fines do vary somewhat according to local jurisdictions.

Just the facts

There are two points in the email that are somewhat factual. Eighteen-year-old passengers who don't wear a seatbelt will get their own ticket, but this has been the case for years. Anyone over age 6 is required to wear a seatbelt, and the driver is held accountable if any children are not legally restrained. Seatbelt violation fines range from $100 to more than $300.

As for the simple claim "DUI=Jail," that's also partly true, said Ridley.

"Yep, that's true," he said. "Unless you are in Los Angeles. A first time offense in Ventura County gets jail time. A first offense in Los Angeles County does not." Also, the e-mail claim that a DUI violation stays on a person's driving record for 10 years is true.