On 1 July 2021, AB-47, Distracted Driving, an amendment to CA Vehicle Code (VC) Section 23123.5, Driving Offenses, California’s cell phone use law, went into effect. The main thing drivers need to know about the amendment is that it now gives the DMV authority to assess one negligent operator treatment system (NOTS) point for a second cell phone use conviction or paid fine within three years.
Therefore, if the driver has attended traffic violator school (TVS) during the previous 18 months or is otherwise not eligible to attend, that one NOTS point could cost them between $1,500 and $2,000in increased auto insurance premiums.
NOTE: Always discuss the use of TVS with a traffic attorney, as many tickets are not eligible and there are valid reasons not to use it, such as multiple tickets or a correctable ticket.
According to Bankrate.com, the average CA driver will pay nearly $400 more for full coverage for their auto, or $2,692 in 2024, up from $2,290 in 2023. So, losing their “good driver’s discount of 20%” would cost the average driver $538.40 annually. Plus, the added risk for a minor infraction such as a second cell phone use conviction within three years would add 10 to 12% or $269.20 to $323.04.
Of course, this is the average, which includes drivers from Los Angeles and San Francisco, where they pay nearly $3,000 annually. Your premium in Stockton, CA, is likely lower, and many other variables could make your policy cheaper. However, many factors, like having a teenager on your policy, could make it closer to $6,000 annually.
Our point is that auto insurance is already too expensive, and adding 30 to 32% should be something every CA driver should try to avoid.
Now, you are probably wondering, how do I do that? Consult a traffic attorney about the situation surrounding your first and subsequent ticket, not just your second cell phone use ticket. What if the easiest ticket to get dismissed was your first ticket?
It makes sense that the traffic court judge would lean toward dismissing the ticket for a driver with a clean record. Plus, many technicalities could make it mandatory for the judge to dismiss it. You likely wouldn’t know what those are, as many lawyers in other areas of law do not know either. They hire a traffic ticket attorney to defend their tickets to keep their insurance rates down.
Why? Because a traffic attorney spends nearly every day in traffic court, hearing traffic court judges resolve cell phone use tickets, speeding tickets, red light tickets, etc. The knowledge they gain from defending other drivers can be applied to your situation.
They can negotiate a plea with the traffic court judge for a higher fine that keeps your conviction off the DMV books. It’s what we call a no-point conviction. It’s the equivalent of an expensive parking ticket, rather than a second cell phone use conviction that would cost the average CA driver nearly $2,000 for increased insurance over the three years the conviction will stay on their motor vehicle driving record (MVR).
Give us a call to discuss a strategy to dispute your cell phone use ticket.
Consult with Bigger & Harman on a Cell Phone Use Ticket in San Joaquin County
When you’re facing a cell phone use ticket in Stockton Courthouse, contact the traffic ticket defense team of Bigger & Harman. We have been asked to defend more than 20,000 tickets for CA drivers because we have a reputation of trust and accountability.
We aim to help protect your driving privileges, keep you on the road, and maintain your current auto insurance premium.
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.