Since the enactment of CA Vehicle Code (CVC) 23123.5, Driving Offenses, many drivers with an older model car, truck, or van have been      ticketed for using a handheld device, either texting or talking because they do not have the advantage of Bluetooth in their car.

There are many options to get around picking up that cell phone while you’re driving. It is even illegal to use a handheld device while sitting at a red light or stuck in traffic. The cheapest option is to forego using a cell phone until you can pull over and park. Picking up your cell phone at a red light could be observed by a law enforcement officer (LEO), which would get you a $150 to $250 fine.

Another option would be to mount your cell phone so that it is within reach for single finger swipe operations but where it does not interfere with the driver’s view of the road. Still, much cheaper than a cell phone ticket at around $20 or $30.

A universal Bluetooth adapter will allow wireless functionality to preclude a cellphone ticket while allowing hands-free communications that meet the intent of the traffic code. 

CVC 23123.5 prohibits even hands-free communications device use by drivers under 18, though LEO is not authorized to stop you without probable cause to determine if you are below 18, using a hands-free device, or singing along with the radio.

What to Do if You Get a Cell Phone Ticket with no Bluetooth in Your Car?

In some cases, you should pay the fine and move on. The first fine is only about $150 and carries no Negligent Operator Treatment System (NOTS) point. But check first with your insurance carrier, because even though it is not a point, your insurance rates can still be effected. If you are a Class A driver, always fight it. Because cell phone use is considered a serious violation for a trucker. 

However, there are instances, particularly with second or subsequent tickets that cost around $250, where you should hire a traffic attorney. CDL holders, as well as Lyft and Uber operators, should always dispute a cell phone ticket.

When this could be true with your employer, you should consult an attorney before you pay the fine. Regardless of the situation, it would be best if you always talked it over with a traffic lawyer before you proceed.

Bakersfield Traffic Ticket Attorneys 

Call Bigger & Harman, (661) 349-9300, when you need assistance with any traffic violation. Se habla Español (661) 349-9755. 

Although we often advise car drivers to pay the fine for a cell phone ticket, there are circumstances when we have disputed tickets in court. The decision is yours. However, we will supply you with the best course of action regarding your situation. 

We also handle DMV NOTS Hearings in addition to traffic tickets, so give us a call or email, attorney@biggerharmanlaw.com.

References:

The 2019 CA Driver’s Handbook.pdf

CVC 23123.5, Driving Offenses