Sheriff’s Department writes almost 200 cell phone use violations in October alone.
By Ben Marcus / Special to The Malibu Times
Citations for cell phone use are now the No. 2 reason for getting pulled over in Malibu, said a spokesman for the Los Angeles County Sheriff’s Department. Citing the most recent statistics of October, Traffic Sgt. Phillip Brooks of the Malibu/Lost Hills Sheriff’s Station said, “Speeding tickets added up to 482 citations, but cell phone use was second, with 137 citations.”
A recent study by the University of Utah has found that drivers using cell phones while a vehicle is in motion are as impaired in their ability to avoid accidents as a driver who is intoxicated. According to the study: “Motorists who talked on either handheld or hands-free cell phones drove slightly slower, were 9 percent slower to hit the brakes, displayed 24 percent more variation in following distance as their attention switched between driving and conversing, were 19 percent slower to resume normal speed after braking and were more likely to crash. Three study participants rear-ended the pace car. All were talking on cell phones. None were drunk.”
In May of 2009, Utah passed the nation’s toughest anti-cell phone and text messaging laws. A driver who causes a fatality because they were impaired by talking on a cell phone or texting is as responsible as someone who was driving drunk, and can be sentenced to as many as 15 years in prison.
“It’s a willful act,” Utah Sen. Lyle Hillyard was quoted in the New York Times. “If you choose to drink and drive or if you choose to text and drive, you’re assuming the same risk.”
The penalties in California are not as severe but the problem is growing, as cell phone use has been directly or indirectly responsible for traffic accidents throughout the state, including in Malibu.
“We had an accident in front of our house on Pacific Coast Highway the other night,” Malibu resident Lynn Grayson said. “No skid marks or screeching, just a very loud crash. A Mercedes SUV took out the Lexus and a Mercedes sports car that are always parked across the street. What could be the explanation for that? And that was the fourth accident like that in the last six months in front of our house: People driving up on the sidewalk or taking out cars.”
Sgt. Brooks was not aware of any accidents that were directly attributable to cell phone use, and deputies look for cell phone use as the cause of accidents when there are injuries or fatalities involved.
“I wouldn’t say cell phone users are a primary target,” Brooks said, “but it’s now one of the most highly cited violations in all five cities that we patrol.”
Marina Brennan is a Malibu resident who was pulled over in Calabasas in November and cited for cell phone use while driving.
“I picked up my cell phone to wish happy birthday to a friend in New York,” Brennan said. “And I did it right in front of a cop. I couldn’t find my headset and took a chance and I got pulled over. He was nice about it and assured me it was a citation and wouldn’t effect the points on my driver’s license or my insurance. I paid the ticket online and it came to $142. So I was mad, but I also knew the officer was right. Two years ago I was in an accident on the 101. A teenager driving his parent’s Lexus was talking on the cell phone when he rear-ended a van, which rear-ended me. I considered my experience a warning.”
Brooks said many have shared Brennan’s experience.
“It’s true that a cell phone citation doesn’t effect your driving record like a speeding ticket or turning in front of someone. I believe the base fine is $125 but then it adds up with court costs and previous citations. You can get a cell phone violation every day and it won’t effect your driving record or insurance, but it will get expensive.”
Until recently, it was legal for Sheriff’s Department deputies to talk on cell phones while they are driving, but that rule was recently modified.
“It was legal for [deputies], depending on circumstances,” Brooks said. “But last week the policy changed and they don’t want [deputies] using the cell phone unless it’s an emergency situation.”
A commercial driver, who wishes to remain unidentified, said penalties are more severe for anyone using a cell phone while driving on the job. “This was in October of 2009,” the driver said. “I was driving an 18-wheeler – a 35-foot-long truck – headed southbound on PCH. I was at Cross Creek and was stopped at the light, waiting to make a left turn. Just as the light turned green, my personal cell phone rang and I fumbled with it to tell whoever was calling that I would call back. I looked up and there was a Sheriff’s [deputy] sitting at the Shell Station, looking right at me. As he reached for his keys I pulled into the Shell Station, because I knew I was busted. He opened the passenger door and asked me what I was thinking, but I didn’t get a citation. The fine for commercial drivers using a cell phone is close to $500. But he was right. My company issues us headsets to use while we’re driving, but I didn’t use mine.”
The danger of cell phones even extends to the sidewalks. At the end of summer, Malibu resident Dave Ogle was talking on his cell phone while riding his bicycle. He crossed the Malibu Creek Bridge and saw a deputy conducting a traffic stop at the end of the bridge. “As I approached, the [deputy] walked to the sidewalk and stopped me. He told me riding a bike while talking on a cell phone was just as dangerous as driving. The guy was mad, but he didn’t give me a ticket.”