Illegal to Text while driving in CA now.

[OffroadExit]

If they are in an accident, I believe the insurance checks phone records and pulls up the time of the accident. Then if it was confirmed they cancel the insurance for the accident

Phone companies don't give up information like that unless there is a warrant. Only the owner of the phone can access his/her records. In emergency situations like missing persons cases or kidnappings/murders etc the phone company will release records to law enforcement. Even then it's a pain. I have been out on incidents where someone calls 911 and says they are being swept downstream. The phone company was reluctant to release the information on where the last tower hit was even though it was an extreme emergency. Now however there is a law that requires the phone companies to triangulate cell tower locations to 911 dispatchers. Back to the topic of releasing call logs, unless there was a fatal accident and the person responsible was on the phone and a Law Enforcement officer confirms the person had a handset to his/her ear or physically checks the phone and sees a text was sent at the precise time of the accident it's gonna be hard to prove. I don't think the insurance company can force you to turn over your cell records either. I would think that would violate some sort of privacy act. It sure wouldn't fly in court!

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[OffroadExit]

Here is the exact wording of the new law:

Senate Bill No. 28

CHAPTER 270

An act to amend Section 12810.3 of, and to add Section 23123.5 to, the

Vehicle Code, relating to vehicles.

[Approved by Governor September 24, 2008. Filed with

Secretary of State September 24, 2008.]

legislative counsel's digest

SB 28, Simitian. Motor vehicles: electronic wireless communications

device.

(1) Under existing law, on and after July 1, 2008, it is an infraction for

any person to drive a motor vehicle while using a wireless telephone, unless

that telephone is designed and configured to allow hands-free listening and

talking operation, and is used in that manner while driving, except as

otherwise provided. A violation point is not given for a violation. A violation

is punishable by a base fine of $20 for a first offense and $50 for each

subsequent offense.

This bill would also prohibit a person from driving a motor vehicle while

using an electronic wireless communications device to write, send, or read

a text-based communication, except as specified. The bill would also provide

that a violation point is not given for a violation of these provisions and

would impose a base fine of $20 for a first offense and $50 for each

subsequent offense. By creating a new infraction, the bill would impose a

state-mandated local program.

(2) The California Constitution requires the state to reimburse local

agencies and school districts for certain costs mandated by the state. Statutory

provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for

a specified reason.

The people of the State of California do enact as follows:

SECTION 1. Section 12810.3 of the Vehicle Code is amended to read:

12810.3. (a) Notwithstanding subdivision (f) of Section 12810, a

violation point shall not be given for a conviction of a violation of

subdivision (a) of Section 23123, subdivision (a) of Section 23123.5, or

subdivision (b) of Section 23124.

(b) This section shall become operative on July 1, 2008.

SEC. 2. Section 23123.5 is added to the Vehicle Code, to read:

23123.5. (a) A person shall not drive a motor vehicle while using an

electronic wireless communications device to write, send, or read a

text-based communication.

(b) As used in this section “write, send, or read a text-based

communication” means using an electronic wireless communications device

to manually communicate with any person using a text-based

communication, including, but not limited to, communications referred to

as a text message, instant message, or electronic mail.

(c) For purposes of this section, a person shall not be deemed to be

writing, reading, or sending a text-based communication if the person reads,

selects, or enters a telephone number or name in an electronic wireless

communications device for the purpose of making or receiving a telephone

call.

(d) A violation of this section is an infraction punishable by a base fine

of twenty dollars ($20) for a first offense and fifty dollars ($50) for each

subsequent offense.

(e) This section does not apply to an emergency services professional

using an electronic wireless communications device while operating an

authorized emergency vehicle, as defined in Section 165, in the course and

scope of his or her duties.