Sorry, wrong number

Driving north on Highway 99 in Yuba City on Tuesday, David DeSilva of Fort Bragg used his cell phone to give his wife and children directions in Sacramento.

For this call, DeSilva was ticketed by the California Highway Patrol for violating the new cell phone law.

"I've seen the signs, but I didn't have my Bluetooth," DeSilva said. "My wife and I are moving the kids around. They're lost, and we're trying to figure out where we are going. I just had to use the phone."

DeSilva was one of roughly 20 drivers stopped in the Yuba-Sutter area by CHP officers for violating the new law that took effect Tuesday.

CHP Officer Jeff Larson said the officer who stopped DeSilva needed to use his siren to get the driver's attention because he was so engrossed in his conversation.

The use of a Bluetooth or speaker phone is legal for drivers 18-years-old or older, but a cell phone held up to a driver's ear violates the law. Drivers under the age of 18 cannot have a cell phone or use a Bluetooth device.

"The law says nobody shall have a cell phone up to their ear," said Larson.

Motorists stopped along Highway 99 used several excuses to try to get out of tickets — ranging from a driver who said he needed to plug in his phone to charge it to a person claiming to be lost and needing directions to others who denied they were even using their phones.

"We have to be 100 percent sure they are on the cell phone," before issuing a ticket, Larson said.

Officials with the Marysville and Yuba City police departments said they were enforcing the new law, but there were no specific patrols on duty for cell phone violations.

Larson said five Yuba-Sutter officers, though, were out specifically for cell phone enforcement. In a two-hour period, he said, 11 citations were issued and seven verbal warnings were made.

Although nearly a dozen drivers were caught, Larson said, the majority of Yuba-Sutter motorists were in compliance.

"My understanding is that in Sacramento this morning the compliance rate wasn't very high," he said. "Either word is getting out or people are just more compliant up here."

Five other states and Washington, D.C., have adopted hands-free laws, but California has nearly 22.9 million licensed drivers, far more than any other state, according to 2005 statistics from the Federal Highway Administration.

The other states are Connecticut, New Jersey, New York, Utah and Washington. New Jersey and Washington also ban text-messaging in cars.

Text-messaging, though, is not addressed in California's law.

Larson said drivers will be stopped if texting causes unsafe driving.

Authorities hope the new law also will reduce traffic accidents.

Several studies have shown that using cell phones distracts drivers and may increase accidents, although there is scant evidence that using a hands-free device mitigates the problem.

Fines for those caught with cell phones up to their ear start at $20 for the first offense.

After court assessments, though, that fine can reach $76.

A second offense will result in a $50 fine and a total of $190 after penalty assessments.

The citation will show up on driving records but no points will be assessed.

Contact Appeal-Democrat reporter Andrea Koskey at 749-4709 or akoskey@appealdemocrat.com. The Associated Press contributed to this report.