OUR STRATEGY: This is a relatively simple and straight-forward argument.
27400 says you can’t wear earbuds, earplugs, headphones, or any other thing over your ears or inserted into your ears. However, 27400(e) carves out an exception for people who are hard of hearing and need a hearing assistant:
(e) A person using a prosthetic device that aids the hard of hearing.
There are several apps for your smartphone that turn your phone into a cheap hearing aid, such as Petralex or Bioaid. If this describes your situation, then you can use the argument below.
For directions on how to use this document, click here.
STATEMENT OF FACTS
Defendant’s Name: Sean Cody
Case No.: S780824
I have some minor hearing loss. My hearing difficulties are compounded when driving — I find it difficult to hear over the noise in the car. The cheapest hearing aids I’ve been able to find that would work for my situation are almost $4000. In the interim, I’ve been using my iPhone in conjunction with a special app (Petralex on the iTunes store) as an ersatz hearing aid.
My understanding of CVC 27400 section (e) is that a driver is allowed to use headphones if the headphones are acting as a “prosthetic device that aids the hard of hearing.” Though I wish the circumstances were different, that is exactly my situation.
Please dismiss my citation in the interest of justice.
If the court does not find in my favor in this case, I request a Trial de Novo.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
( date )
( signature )
( name typed out )