Being charged with illegal cell phone use while driving can be a costly mistake in CA, especially when you just pay the fine. While the initial fine may seem manageable, subsequent offenses can lead to significant financial penalties through increased insurance premiums and DMV points.
Therefore, since the first ticket might be easier to get dismissed, it is crucial to consult a traffic attorney about every cell phone ticket.
Understanding the Law: CVC Section 23123.5 and AB-47, Distracted Driving
CA Vehicle Code (VC) Section 23123.5, Driving Offenses, prohibits drivers from holding a phone while operating a vehicle. Assembly Bill 47 (AB-47), Distracted Driving, strengthens this law by allowing the DMV to assess one Negligent Operator Treatment System (NOTS) point for a second offense within 36 months of a prior conviction.
The True Cost of a Second Ticket for Illegal Cell Phone Use
While the base fine for a second cell phone use violation might only be $50, additional assessments and surcharges can push the total cost to around $260. However, the real financial blow comes from the impact to your car insurance premium:
Loss of Good Driver Discount: A second offense can lead to losing your good driver discount, typically around 20%. This can increase your annual premium by an average of $665.
Increased Risk Rating: Insurance companies view illegal cell phone use convictions as a risk factor, leading to additional premium hikes of 10-12%, translating to $265-$320 annually for up to 36 to 39 months, depending on the renewal date and when the DMV removes your record.
The combined effect can cost you over $852 per year, totaling over $2,500 in the three years the violation stays on your record.
Of course, these statistics consider the average auto insurance premium according to Bankrate.com. Your costs could be lower, or much higher, particularly if you have a teenager on your policy.
Fighting an Illegal Cell Phone Use Ticket
Consulting a knowledgeable and experienced traffic attorney is your best option when facing a cell phone ticket. Attorneys can assess your case's specifics and determine the best action to fight the ticket or minimize the consequences by keeping your conviction or paid fine confidential.
Important Reminders
Here are some easy-to-implement safeguards against getting an illegal cell phone use ticket in the first place:
- Use hands-free features or voice commands while driving.
- Mount your phone within easy reach for single-swipe access, ensuring it doesn't obstruct your view.
- Never pick up your phone while driving, even at red lights or in traffic.
By following these tips and seeking legal counsel if needed, you can avoid the high costs associated with a second cell phone use violation.
“Bigger & Harman just saved me sooo much time, headache and money! Highly, highly recommend them if you ever get a ticket or a summons, they handled everything, I followed their instructions, and my case was dismissed!! It took a while, but they were very patient with me, which I am grateful for. Communication was flawless also, kept me informed every step of the way, 5 star!!”—Selina K., Central LA, CA on Yelp.
Consult with Bigger & Harman About an Illegal Cell Phone Use Ticket in Merced County
The enactment of AB-47 has made it essential to consult a traffic ticket defense attorney whenever you are accused of illegal cell phone use.
Call Bigger & Harman, APC, at (661) 349-9300. Or, use our convenient contact form or email us.
Se habla Español (661) 349-9755.
References:
CA AB-47, Distracted Driving & CA VC Section 23123.5, Cell Phone Use.
The Bankrate.com article, Average cost of car insurance in CA for 2024.