The Risks of Paying the Fine for a Cell Phone Ticket in a CMV
Paying the fine for your first trucking mobile phone use violation without contesting it can create problems down the line.
If you receive a second ticket, it becomes more challenging to have it dismissed or reduced to a non-moving violation. In LA County, CA, it's crucial to address these violations early.
A second conviction for illegal trucking mobile phone use can result in the DMV assessing 1.5 Negligent Operator Treatment System (NOTS) points and notifying the DOT FMCSA.
Understanding CA Vehicle Code for Trucking Mobile Phone Use
In 2021, California passed AB-47, Distracted Driving, amending CA Vehicle Code (VC) Section 23123.5, Use of Handheld Devices.
This change specifically targets distracted driving, requiring the CA DMV to assess 1.5 NOTS points to commercial drivers convicted of a second illegal cell phone use offense in a commercial motor vehicle (CMV).
Many drivers are unaware that this law applies even when they're stuck in traffic, at a red light, or even pulling into the weigh station. Your CMV must be parked to use a handheld device like a cell phone.
“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.
If a CHP officer catches you using a handheld device that isn't mounted or operated with a single-finger swipe or voice activation, you can be ticketed.
Avoiding Convictions for Illegal Trucking Mobile Phone Use
The easiest way to avoid the severe consequences of a second violation is by preventing a first offense altogether.
While this may seem difficult, it can be done. Staying compliant with California's trucking mobile phone use regulations is key to protecting your CDL.
The CDL traffic attorneys at Bigger & Harman have extensive experience defending commercial drivers in LA County and across California. They understand the complexities of these cases and can help you fight your cell phone violation ticket.
FMCSA and the More Significant Problem for Commercial Drivers
While the fines for illegal trucking mobile phone use may be manageable for most drivers—typically $150 for a first offense and $260 for a second—the bigger concern lies with the FMCSA.
Your employer might overlook a single moving violation, but a second offense can lead to more serious consequences.
The FMCSA imposes driver disqualifications of 60 days following a second conviction for a "serious offense" within three years. These serious offenses include violating rules against using handheld mobile phones or texting while driving a CMV, as outlined in 49 CFR Part 383.51.
“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 employers are willing to hold a driver’s position for the 60-day disqualification period following a second offense.
A third offense results in a 120-day disqualification, while a fourth offense leads to a one-year ban. A fifth offense can result in a lifetime disqualification, effectively ending your commercial driving career.
Seek Legal Guidance from a CDL Traffic Attorney
For drivers facing trucking mobile phone use violations in LA County, working with a CDL traffic attorney is essential.
These attorneys have the experience and knowledge required to handle traffic tickets in commercial cases. They often secure dismissals or reductions that minimize the long-term impact on your career.
Whether you're facing your first or second violation, a skilled CDL traffic attorney can be the difference between a conviction and protecting your CDL.
Their experience with the court system and deep knowledge of California traffic laws ensure you get the best possible outcome, allowing you to avoid the severe penalties that come with multiple violations.
Don't let a cell phone ticket jeopardize your career. Consult a CDL traffic attorney and take proactive steps to protect your livelihood.
"Excellent CDL Traffic Attorney Firm
Mark Bigger and the entire staff at Bigger & Harman did an outstanding job on my case reducing it to a non-point violation with minimal fees. This attorney firm is the best and I am so very grateful to have found them to handle and resolve my case quickly and with an excellent outcome. Thanks again Mark.”🤗—Ken Z.
Contact Bigger & Harman About a Trucking Cell Phone Violation
If you have a trucking cell phone violation in LA County, CA, contact the traffic law attorneys who often provide commercial drivers assistance in LA County Traffic Courts. Call us at (661) 349-9300—Se habla Español 349-9755.
Use our contact form.
Email: attorney@biggerharmanlaw.com.
References:
CA VC 23123.5, Driving Offenses and AB-47, Distracted Driving.
The DMV Portal CA Commercial Driver Handbook.
The DOT FMCSA 49 CFR Part 383.51, Paragraph 6.2.5, Disqualification of Drivers.
The DOT FMCSA Mobile Phone Restrictions Fact Sheet