The main issue with paying the fine without challenging your first illegal cellphone use ticket in a CMV is that the second ticket could be more difficult to get dismissed or reduced to a non-moving violation.
If you’re unaware, the CA Assembly approved AB-47, Distracted Driving, the amendment to CA Vehicle Code (VC) Section 23123.5, Driving Offenses for enactment on 1 July 2021, that mandates the CA DMV assess 1.5 Negligent Operator Treatment System (NOTS) points for commercial drivers convicted of an illegal cell phone use in their CMV for a second time. A paid fine is the same as a conviction.
“A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.”— CA VC 23123.5, Driving Offenses.
Many drivers don’t realize this includes while stuck in traffic or stopped at a red light. If a CHP officers see you using a handheld device that is not mounted so that you can use it with a single finger swipe or is voice-activated, you could be ticketed.
The best method to avoid a second conviction is never getting a first. Easier said than done, right? Not necessarily.
The Bakersfield traffic ticket team of Bigger & Harman are experienced and knowledgeable commercial driver legal advocates. They have been asked to resolve over 20,000 traffic tickets In CA courts, many of those were commercial drivers.
The Real Issue Is at the DOT FMCSA
For most commercial drivers, the $150 fine for a first cell phone ticket is financially manageable, and even a second or subsequent paid fine of $260, though a lot, can be managed.
The real problem could be with your employer, who might have a problem with a conviction for a moving violation. However, they’ll definitely have a problem when the FMCSA invokes a driver disqualification of 60 days for the second offense of a “serious offense” within three years.
“Serious offenses require a minimum disqualification of 60 days and include the following: Violating laws relating to prohibiting texting or using a handheld mobile telephone while driving a CMV.”— 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
Few fleet managers will keep your driving position open while you serve a 60-day disqualification or a 120-day disqualification for a third offense. A fourth offense will result in a one-year disqualification, and a fifth is a lifetime ban.
Contact a CA traffic attorney who frequently resolves traffic tickets in Hanford Courthouse in Kings County.
Contact Bigger & Harman About Illegal Cell Phone Use in a CMV Ticket
When you have an illegal cell phone use in a CMV ticket, call us at (661) 349-9300. Se habla Español (661) 349-9755.
Likewise, you can use our easy-to-use online contact form or email us attorney@biggerharmanlaw.com.
Download our e-book, Protecting Your Commercial Driver License.
References:
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
The DMV Portal CA Commercial Driver Handbook.
CA VC Section 23123.5, Driving Offenses.
AB-47, Distracted Driving.