Jane Dotson
Texting while driving is illegal in nearly every state in the US, and in most states, it is illegal to use a cell phone at all when behind the wheel. Receiving a ticket for using a cell phone while driving will likely increase your insurance rates, but the extent of the increase depends on the insurance company and the state in which you were ticketed. The average rate increase after a texting ticket is 28%, but this ranges between 9% and 51%.
| Characteristics | Values |
|---|---|
| Ticket dismissal | Fight the ticket in court |
| Average rate increase | 28% |
| Highest rate increase | 51% in California |
| Lowest rate increase | 9% in New York |
| Minor tickets | Cause a rate increase for three years |
| Accident caused | More penalties and a longer impact on insurance |
| Points added | Depends on the state |
| Rate hike | Depends on the insurer |
| Commercial driving companies | Consider cell phone convictions a liability |
| Regular driver with normal insurance | A conviction will not raise insurance rates |
| Insurance companies | Handle tickets according to their own policies |
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What You'll Learn
Texting while driving laws
Texting while driving is illegal in nearly every state, with the exception of Montana, which has no such law, and Missouri, where it is illegal only for drivers under 21. Drivers can be ticketed and fined for breaking this law, and if they cause a collision while distracted, the penalties can be even more severe.
California has several laws banning the use of cell phones and other wireless devices while driving. The state prohibits all drivers from using handheld cell phones and drivers under 18 from using cell phones altogether. A separate law bans texting and other wireless device use while driving. California's base fines for violating the texting prohibition are $20 for the first offence and $50 for a second or subsequent offence.
The impact of a cell phone citation on insurance varies depending on the state and the insurance company. A cell phone ticket is considered a moving violation in most states and will likely increase insurance rates. The average rate increase after a texting ticket is 28%, but it can range from 9% to 51%, with California having the highest increase. In some states, a texting ticket also adds points to a driver's record, leading to higher insurance premiums.
If a driver receives a citation for texting while driving, they have several options. They can pay the fine and ensure their cell phone is kept out of reach during future drives. They can also contest the ticket in court, especially if they believe it was given in error or had a valid reason for using their phone, such as an emergency. Consulting a traffic ticket attorney can help determine the best course of action. Additionally, some states may allow drivers to take a defensive driving course to reduce their penalties or points on their license.
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Cell phone ticket dismissal
Texting while driving is illegal in almost every state in the US, and in most states, it is illegal to use a cell phone at all when behind the wheel. The consequences of violating these laws can be severe, with penalties including fines, points on your license, and increased insurance premiums.
If you receive a cell phone ticket, you may be able to get it dismissed by contesting it in court. Here are some steps you can take to try and get your ticket dismissed:
- Do not pay the ticket: If you pay the fine, you admit guilt, and it will be harder to get the ticket dismissed. Check your citation to find out when you need to appear in court if you want to fight the ticket.
- Prepare a defense: Gather any evidence or witnesses that can prove you were using a hands-free device or that your phone use was necessary to prevent significant danger or an emergency. Other defenses include claiming that the officer mistook another passenger's phone use for yours or challenging the lack of evidence.
- Consult an attorney: Speaking with a traffic ticket attorney can help you better understand the merits of your case and improve your chances of a successful outcome. An attorney can also gather evidence, such as phone records, and represent you in court.
- Attend your court date and present your evidence: Present your defense and any supporting evidence or witnesses to the judge.
It is important to note that the laws and penalties regarding cell phone use while driving vary by state, so be sure to learn the specific laws in your state. Additionally, the impact on your insurance premiums may depend on your insurance company and state laws. While a single ticket usually doesn't add points to your record, if you receive another cell phone or distracted driving violation within a certain period (e.g., 36 months in California), points may be added, leading to higher insurance premiums.
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How cell phone convictions are viewed by insurance companies
Texting while driving is illegal in almost every state in the US, and in most states, it is illegal to use a cell phone at all when behind the wheel. The only exceptions are Montana, which has no law, and Missouri, where it is illegal only for drivers under 21. Drivers can be ticketed and fined, and if they cause an accident while distracted, the penalties can be more severe.
Cell phone citations are viewed differently by different insurance companies. Some companies may increase your rates, while others may not. It is important to note that a cell phone conviction is considered a liability by some commercial driving companies or insurance policies. For example, a company may require a plumber who drives a truck every day to have no such convictions. However, if you are a regular driver with normal insurance, a cell phone conviction will usually not affect your insurance rates. This is because a cell phone conviction does not carry a "point" on your driving record, and insurance companies handle these tickets according to their own policies.
The rate hike will vary by insurer, and it is difficult to provide a precise estimate of how much your rates may increase. On average, car insurance rates increase by 28% after a texting ticket, ranging from 9% to 51%. In California, the increase is the highest at 51%, while New York has the lowest at 9%. Geico, for example, raises rates by 7% for a cell phone ticket in Florida, but the increase jumps to 75% in California.
If you receive a cell phone citation, you have the option to fight it in court. You can consult a traffic ticket attorney to understand your options and the merits of your case. If you do not want to fight the ticket, you can pay the fine and ensure your cell phone is safely stored during future drives. You may also want to compare insurance rates from other insurers, as some may offer more competitive rates after a cell phone ticket.
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State-wise laws on cell phone usage while driving
In the United States, various laws regulate the use of mobile phones by motorists, with different states adopting different approaches. While no state bans all cell phone use for all drivers, several states prohibit all drivers from using hand-held cell phones while driving. These include Arizona, California, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nevada, New Hampshire, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Tennessee, Vermont, Virginia, Washington, and West Virginia.
Some laws only apply to novice or commercial drivers, while others target handheld devices exclusively. As of November 2021, talking on a handheld cell phone was prohibited in 24 states, and this number increased to 29 states by April 2022. Additionally, 38 states and Washington, D.C., ban all cell phone use by newer drivers, and 20 states and Washington, D.C., restrict any cell phone use by school bus drivers when children are present.
Texting while driving is banned in almost all states, with 47 states, Washington, D.C., Puerto Rico, Guam, and the U.S. Virgin Islands prohibiting it for all drivers. The use of cell phones by commercial drivers is prohibited in all 50 states, and they may be fined or have their licenses revoked for using hand-held cell phones.
Some states have enacted hands-free laws, requiring drivers to use hands-free devices such as GPS systems. These states include Wisconsin, Louisiana, Texas, Arkansas, Florida, and Montana. Oklahoma has also implemented laws banning public transit workers, such as bus drivers, from using handheld devices while driving.
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Impact on insurance premiums
A cell phone citation will typically affect your insurance premiums, but the extent of the impact depends on several factors, including the state you live in, your insurance company, and your driving history.
In most cases, a cell phone citation will increase your insurance premiums. This is because insurance companies consider cell phone usage while driving as a form of distracted driving, which increases the risk of accidents. The average increase in insurance premiums after a cell phone citation is around 28%, but this can range from 9% to 51% depending on the state and insurer. For example, in California, rates can increase by an average of 51% after a texting-while-driving ticket, while in other states, like Pennsylvania, a speeding ticket can result in a 15% increase in insurance premiums.
However, it's important to note that some states, like Idaho, Massachusetts, North Carolina, and Washington, limit or prohibit insurers from factoring texting-while-driving tickets into premium calculations. Additionally, not all insurance companies treat cell phone citations the same way. Some companies may penalize you less for a first offense, while others may not increase your rates at all if the citation does not carry a "point" on your driving record.
The impact of a cell phone citation on your insurance premiums can also depend on your overall driving history and record with the insurance company. If you have a clean driving record, a single cell phone citation may not significantly affect your premiums. On the other hand, multiple offenses or more severe distracted driving offenses can lead to higher insurance rates or even non-renewal of your policy.
To mitigate the impact of a cell phone citation on your insurance premiums, you can shop around for quotes from different insurance providers, as rates can vary significantly. You can also consider increasing your deductible, which can lower your monthly premium, but ensure you can afford the higher out-of-pocket expense in case of a claim. Taking a defensive driving course may also help offset any rate increases by earning you a discount with certain insurance companies.
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Frequently asked questions
Yes, a cell phone citation will likely increase your insurance rates, but it depends on the insurance company and state laws. The average rate increase after a texting ticket is 28%, but it ranges between 9% and 51%.
The rate hike will vary by insurer. The average rate increase is 28%, but it can be as low as 7% or as high as 75%.
The base fine for a first cell phone violation is $20. For second and subsequent offenses, the fine is $50. However, with assessments, the total cost for a first violation will likely exceed $150, and a second offense can cost over $250.
Having multiple tickets on your driving record will cause your car insurance rates to increase significantly.
You can fight the ticket in court, shop around for new insurance coverage, or raise your deductible.
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