Woman spots San Diego police officer doing the exact thing that could get her a $160 fine. At a traffic light: ‘Oh, the irony’

A video posted by TikTok user Hannah G (@hgonzolo) appears to show a San Diego Police Department officer holding a smartphone with one hand and holding the steering wheel with the other while sitting behind the wheel of a patrol vehicle. The clip has since gathered over 3.6 million views, more than 458,800 likes, and more than 4,500 comments.

The video was filmed at an intersection on B Street in San Diego. On-screen text in the video reads, “cops: ‘stay off your phone or get a ticket’ also the cops,” seemingly pointing out what the poster viewed as a contradiction.

The patrol vehicle visible in the video is a black and white San Diego Police car with “SAN DIEGO POLICE” and “AMERICA’S FINEST” written on its side. The officer in the driver’s seat, who appears to be in uniform and wearing sunglasses, can be seen looking down at the phone as the video ends.

California law exempts emergency services professionals from the hands-free rule while on duty in authorized vehicles

Under California Vehicle Code Section 23123.5, drivers are generally not allowed to hold and operate a handheld wireless telephone or electronic communications device while driving. The law covers talking, texting, and using apps, and it also applies when a vehicle is stopped at a red light.

For regular drivers, the cost of a first offense can amount to roughly $150 to $162 in total fees after a small base fine, according to California Highway Patrol. A second offense within 36 months of a prior conviction for the same violation also results in a point being added to a driver’s DMV record, per the California Vehicle Code. In another case, a Tennessee woman was pulled over while driving, but all she had in the car was a tasty snack.

Importantly, Section 23123.5(e) of the California Vehicle Code includes a specific exemption. The law does not apply to “an emergency services professional using an electronic wireless communications device while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.” This means a police officer using a phone while on duty in a patrol vehicle may not be violating the law under that exemption.

Some viewers in the comments appeared unaware of this exemption. One commenter wrote, “you can report that,” while another noted, “The law excludes law enforcement in pretty much every state.” One commenter, identifying themselves as a retired police officer, added context: “As retired police we use a computer, multiple radios, and occasionally need to use the phone so we don’t give information over the radio. We are trained to do all of this. The average person isn’t.”

Another viewer pointed out a separate distinction, writing, “Difference from looking at the phone vs talking to it without looking at it btw,” suggesting the manner in which the device is used may also be relevant.

The top comment was a sarcastic jab at law enforcement. One user zoomed in on the “AMERICA’S FINEST” lettering on the patrol car and wrote, “Oh, the irony.”

The video surfaced during what the San Diego Police Department had designated as Distracted Driving Awareness Month. In an April 10, 2025, statement published by Inside San Diego, the department said it would be “actively looking for drivers throughout the month who are in violation of the state’s hands-free cell phone law.”

SDPD Sergeant Gregory Minter was quoted in that same statement, saying, “Distracted Driving Awareness Month is an important reminder that even a moment of inattention or a quick glance at the phone can lead to serious consequences. Distracted driving is not only risky; it is deadly. Stay focused, stay alert and help us keep our roads safe.” A similar dispute involved a motorcycle left dangling from a traffic light after speeding through an intersection in Canada.

According to the 2024 California Statewide Public Opinion Survey cited in the department’s statement, nearly 74% of drivers surveyed said distracted driving due to texting was their biggest safety concern on the road. In 2022, 148 people were reportedly killed in distracted driving crashes in California, though the department noted those figures are likely underreported because officers may not always be able to determine whether distraction was a factor in a crash.

The department’s statement also encouraged drivers to put their phones away before starting a vehicle, plan trips in advance, keep both hands on the wheel, and pull over if something urgent comes up. Funding for the distracted driving awareness program, according to the statement, was provided through a grant from the California Office of Traffic Safety via the National Highway Traffic Safety Administration.