GLENDALE (CBSLA.com) — A motorist said she got a $160 ticket for talking on a cellphone that was tucked inside her hijab.
Lena Khan claims she was talking hands-free on her iPhone, which she places between her hijab and her ear, when she was flagged down by a motorcycle cop in Glendale back in January.
"It actually uses less buttons if I leave my phone there because I only have to press the one button to use Siri," she said.
Khan said she was cited for not wearing her seatbelt and using her cellphone. She tried to explain to the officer, however, that she wasn't using her hands.
"I think he was in a hurry or something. He was basically unsure, and he said, 'Well, I'm gonna write you up and you can tell it to the court,'" Khan said.
Khan told CBS2's Cristy Fajardo that she is fighting the citation with a five-page declaration.
The Glendale Police Department said they can't comment on the ticket because the case is making its way through the court system.
Other law enforcement agencies said it's up to individual officers to interpret the vehicle code, which states, "A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving."
"I don't really think the law requires us to buy expensive headsets, just not to break the law. I wasn't distracted, I was never using my hands," Khan said.
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