
On Thursday, October 15, Visalia police cited 39 drivers for violating California’s hands-free law. It wasn’t a one-off. It was at least the seventh phone-law operation the department has run since March.
Visalia police said the 39 citations were issued for using handheld devices while driving during a distracted driving enforcement operation. As in the earlier operations, the department reminded drivers to pull over before making calls or entering directions and to silence or stow their phones. Police haven’t said how long the operation ran or how many officers took part, so 39 isn’t a violation rate.
Visalia police reported 29 citations on March 12 and 29 on April 2, then 39 on April 8, 28 on April 14, and 15 in late April. After 22 on July 30, the October 15 operation made seven. Together, that’s at least 201 citations. The April 8 and October 15 totals are both 39, but they are separate operations.
Each effort was funded by a grant from the California Office of Traffic Safety, which receives federal funding through the National Highway Traffic Safety Administration.
California has banned handheld phone use while driving since 2008. Drivers may not hold a phone or other device to talk, text, or use apps, and Visalia police note that applies even at a red light. Mounted phones can generally be operated only with a single tap or swipe. Violators face fines, and a second conviction within 36 months adds a point to their driving record.
Distraction is hard to prove after the fact. The Governors Highway Safety Association says reported rates are almost certainly undercounted, because there’s no roadside test for it as there is for alcohol. A citation can matter in a civil claim. Under California’s negligence per se doctrine, violating a safety statute like the hands-free law can support a presumption of negligence. The violation has to have caused an injury of the kind the law was meant to prevent. We’ve also covered another police stunt targeting distracted drivers.
If you’ve been hurt by a distracted driver, the independent attorneys we connect you with can help you understand what evidence supports your claim, including phone records, citations, and witness accounts.
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