Are You Sure You're Not Breaking the Hands-Free Law?

You think you're being clever.

You know it's against the law to hold your cell phone to your ear while driving (and your face keeps pushing buttons on the iPhone screen anyway). So you put the phone on speaker, clutch it in your hand as you steer, and continue your conversation.

That is, until you're being pulled over because you have just broken California's hands-free law.

"What we want is it not in your hand at all," said Officer Mary Bailey, public information officer for the California Highway Patrol. "It's counted as hands-free if it's on speaker, as long as it's not in your hand."

In January, local enforcement for allegedly violating either the hands-free law or the texting ban during a two-day enforcement campaign.

While most of the drivers cited for hands-free violations were holding phones to their ears, a number were people who were holding speaker-enabled devices, Bailey said.

The phone should be tucked in the visor, set in the seat or your lap, or propped up with a cell phone holding device while it is on speaker, Bailey said.

And if you're not old enough to vote, put the phone away altogether.

"A lot of times, minors—people under the age of 18—don't realize they're not allowed to use the phone at all," Bailey said.

Of the 629 drivers cited during the hands-free campaign, 36 were under the age of 18, according to the CHP report.

Then there's the issue of texting—or sending text-based communication—while driving, which isn't just a problem among teens.

"When it's in motion, you're not supposed to be fiddling with your GPS, not supposed to be on your phone using your GPS," Bailey said.

Drivers should program their GPS devices and then set them down, Bailey said, adding that it's up to the officers' discretion whether a navigating driver will be ticketed.

"Anything that diverts your attention from the road is what we're trying to (discourage)," Bailey said.