The CA Vehicle Code (VC) Section 23123.5, Driving Offenses and the July 2021 amendment, AB-47, Distracted Driving, provide expensive consequences for a second illegal cell phone use conviction.
If you’re still under the impression that you will pay a fine only, you could be in for a shock at renewal.
What Is Illegal Cell Phone Use?
California law prohibits drivers from using handheld devices while operating a vehicle.
Texting, calling, or interacting with mobile phones while driving is banned unless done hands-free. To use a hand-held device, pull off the roadway, and put the vehicle in park.
Exceptions include emergencies or using a mounted device with a single swipe.
AB-47 expanded penalties for repeat violations starting July 1, 2021.
A second conviction results in a one negligent operator treatment system (NOTS) point assessment on your motor vehicle record (MVR) by the DMV and if you are a Class A Commercial driver, a 60 day suspension.
Points on your record can increase auto insurance premiums and risk license suspension.
How Mobile Phone Use Violations Impact Insurance
A first-time offense does not affect insurance rates directly.
However, a second conviction adds NOTS points to your MVR, potentially leading to insurance hikes. Many insurers also revoke good driver discounts after violations for up to three years.
According to Bankrate, the average Californian pays $2,835 annually for full coverage insurance, which is mandated by many banks and lien holders of new cars.
A conviction or paid fine can raise premiums by 30 to 32%, costing the average Californian an additional $800 or more annually.
For families with teens, the impact could be even higher. The full coverage policyholder with a 16-year-old driver pays nearly $6,500 annually in CA.
Why Consult a Traffic Attorney for Illegal Cell Phone Use?
A traffic attorney can examine your case and identify possible defenses.
Good Traffic Attorneys also understand procedural errors or technicalities that might benefit your case.
Negotiating with the judge is another advantage. An experienced attorney may reduce fines or prevent points from affecting your record depending on the court and circumstances.
Why You Should Hire a Traffic Attorney
Self-representation in traffic court is risky and often less effective.
Hiring a professional familiar with mobile phone use violations ensures your case is handled professionally. They’ll build a defense, negotiate outcomes, and minimize penalties.
Don’t let illegal cell phone use jeopardize your driving record or finances.
A knowledgeable traffic attorney could save you money. If cited in Hanford, consider hiring an expert for your best chance at a favorable resolution.
However, there is never a guarantee. The only one that can dismiss a ticket is a traffic court judge.
For more in-depth information about a mobile phone ticket, read the blog post, Getting a Second Cell Phone Ticket Under AB-47 Will Adversely Affect Your Budget. Then, call Bigger & Harman.
Contact Bigger & Harman About an Illegal Cell Phone Use Ticket in Kings County
If you have an illegal cell phone use ticket pending in Hanford Courthouse in Kings County, call Bigger & Harman, APC at (661) 349-9300—Se habla Español 349-9755.
Use the contact form to schedule a consultation, or email us at attorney@biggerharmanlaw.com.
References:
CA VC Section 23123.5, Driving Offenses & AB-47, Distracted Driving.
The Bankrate.com article, Average cost of car insurance in CA for 2024.