Alyssa Lane
Texting while driving is illegal in almost every state in the US, and in most states, it's also illegal to use a cell phone at all when behind the wheel. In California, using your cell phone while driving is illegal and can result in a ticket, which can have several consequences, including an increase in insurance rates. The impact of a cell phone ticket on insurance rates depends on the insurance company and state laws, with some companies treating it as a minor offense or not counting it against a clean driving record. However, in California, a cell phone ticket can add points to a driver's license, leading to higher insurance rates, especially for repeat offenses.
| Characteristics | Values |
|---|---|
| Does a cell phone ticket raise your insurance in California? | Yes, in most cases. |
| Average increase in insurance rates | 51% (highest in the US) |
| Range of increase in insurance rates | 10% to 50% |
| Average fine for a cell phone ticket | $25 to over $200 |
| Additional fees | Administrative fees, traffic school fees, and court fees |
| Impact on driver's license | One point on the license for each ticket |
| Points validity | 36 months |
| Impact on driving record | No impact for the first ticket |
| Impact on insurance rates for two tickets | Expected to increase |
| Ways to prevent insurance rate increase | Enrolling in a DMV-approved traffic school |
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What You'll Learn
California's cell phone laws
California has some of the strictest laws on cell phone use while driving. The state's laws on this matter are detailed below.
California's Wireless Communications Device Law
This law, which came into effect on January 1, 2009, makes it illegal to write, send, or read text-based communication on an electronic wireless communications device while driving a motor vehicle. The law does, however, allow for the use of a wireless telephone to make emergency calls to a law enforcement agency, a medical provider, the fire department, or other emergency services agencies. The base fine for the first offence is $20, and $50 for subsequent convictions. While the violation is a reportable offence, it does not result in a point being assigned to the offender's DMV record.
California Vehicle Code (VC) §23123
The first of two laws that came into effect on July 1, 2008, prohibits all drivers from using a handheld wireless telephone while operating a motor vehicle. Motorists aged 18 and over may use a hands-free device.
California Vehicle Code (VC) §23123.5
The second law that came into effect on July 1, 2008, prohibits all drivers from texting while operating a motor vehicle.
Other Distracted Driving Laws
The California Office of Traffic Safety also highlights other serious driver distractions such as eating, grooming, reading, reaching for objects on the floor, changing clothes, or talking with passengers, which can result in a "reckless driving" or "speed unsafe for conditions" ticket.
Impact on Insurance
A cell phone ticket in California will not add any points to a driver's license unless they are a repeat offender. However, insurance companies may still treat a cell phone ticket as a minor moving violation and raise rates at renewal. The impact on insurance rates will depend on the company and the state. In California, insurance rates have been observed to increase by 45% (from $1,708 to $2,484) on average after a distracted driving ticket, though this can range from 10% to 50% depending on the company and state.
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How much does a cell phone ticket cost?
The cost of a cell phone ticket in California is more than just a financial penalty. While the financial penalties are significant, they are minor compared to the potential costs of distracted driving accidents. Distracted driving is a leading cause of accidents on California roads. Engaging in texting or calling while driving diverts attention from the road, increasing the likelihood of an accident. The consequences of such accidents can be far-reaching, including injury, death, and the emotional and financial burden of causing harm to others.
The initial fine for a first-time cell phone ticket offence in California starts at $20 for a first offence and $50 for subsequent offences. However, once additional penalty assessments and fees are factored in, the actual cost can be much higher. For example, in San Mateo in late 2020, a cell phone ticket cost $158. In Santa Clara County around the same time, a similar ticket cost $158.
In California, a cell phone ticket is an infraction, which means the recipient won't be charged with a crime or face any punishment beyond fines. However, these fines can add up to a significant cost. A cell phone ticket can also add points to a driver's license, leading to higher insurance rates. If a driver receives a second ticket within 36 months of a prior cell phone ticket or any other distracted driving violation, they will get one point on their license. The point will remain on their record for 36 months.
The number of points a cell phone ticket adds to a driver's license varies depending on the state and its specific laws. In California, a texting-while-driving violation does not add any points to a license unless the driver is a repeat offender. In Kentucky, a cell phone ticket adds three points to a driver's license.
Insurance companies view drivers with traffic violations as higher risks, which can result in significantly higher rates for years following the offence. According to recent data, the average car insurance rate increase in California after a texting ticket is 45%, the highest in the United States. This increase can also depend on the insurer, with State Farm offering a 15% or $295 increase in yearly premiums, and Travelers increasing rates by 49% or $792.
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How does a cell phone ticket impact your driving record?
In California, using a cell phone while driving is not only dangerous but also illegal. Texting while driving is considered the most dangerous distraction on the road, with drivers 23 times more likely to be involved in a collision. A cell phone ticket can impact your driving record in several ways.
Firstly, a cell phone ticket can result in fines or other penalties. The base fine for a first-time cell phone ticket in California is $20, plus assessment fees of $150 or higher. Subsequent offenses result in additional $50 fines. These fines can add up and become a significant financial burden.
Secondly, a cell phone ticket can lead to points on your driver's license. In California, a first-time cell phone ticket does not carry penalty points. However, a second or third ticket for cell phone use while driving will result in one point. Accumulating points on your driving record can negatively impact your insurance premiums and may even result in a suspended license and probation. California has a point system, known as the DMV Negligent Operator Treatment System (NOTS), which assigns points to individual driving records of motorists aged 18 and older. For example, a speeding ticket incurs one point, while driving under the influence is a two-point offense. If a driver accumulates 4 points within 12 months, 6 points within 24 months, or 8 points within 36 months, their license may be suspended or revoked.
Additionally, a cell phone ticket can cause your insurance rates to increase. Insurance companies consider distracted driving behavior a high risk, increasing the likelihood of accidents. On average, auto insurance premiums increase by 29% after a texting ticket, but this can range from 10% to 50% depending on state laws and insurers. In California, residents can face increases of more than $500 following a texting ticket, with some reporting increases from $1,600 to $2,200.
The impact of a cell phone ticket on your driving record also depends on your previous driving history. If you have a clean driving record, the effect of a single cell phone ticket might be minimal and short-lasting. On the other hand, if you have multiple tickets or accidents, a cell phone ticket can have a more serious and long-lasting impact.
It is worth noting that there are ways to reduce the impact of a cell phone ticket on your driving record. For example, consulting a lawyer can help you understand your options for defending yourself and potentially eliminating the fines or getting the ticket dismissed. Additionally, completing traffic school can help remove the ticket from your DMV record, although it will still remain on your court record.
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How much do insurance rates increase?
In California, a cell phone ticket will impact your insurance rates. The exact amount by which your insurance rates will increase depends on your insurance company and the laws in your state.
On average, a texting ticket may lead to a 27% increase in car insurance premiums. However, the actual increase in auto insurance rates may vary based on your insurer, state, and individual circumstances. The average percentage rate increase after a texting ticket is 28%, but ranges between 9% and 51%. California has the highest average increase at 51%, while New York has the lowest at 9%.
Some insurance companies treat texting and driving violations like minor moving violations and raise rates at renewal. For example, State Farm offers the lowest rates after a texting violation, with a 15% or $295 increase in yearly premiums. On the other hand, Travelers increases car insurance rates by 49%, resulting in a $792 increase.
Additionally, a texting and driving offense will result in a fine, which varies by state, and can cause you to lose your safe-driving car insurance discount. In some states, a cell phone ticket will also add points to your driver's license, and too many points can result in a driver's license suspension.
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Ways to lower insurance rates after a cell phone ticket
In California, a cell phone ticket will not add any points to your license unless you are a repeat offender. However, a cell phone ticket can still increase your insurance rates as insurance companies consider cell phone violations risky behaviour. The increase in insurance rates varies depending on the insurance company and the state. In California, the premium increase is the highest at 45% (from $1,708 to $2,484).
- Ask your insurer about discounts: One of the easiest ways to lower your insurance rate is to ask your insurer about any available discounts that you may have overlooked. For example, bundling your home and auto policies or paying your bill in full.
- Increase your deductible: You can also increase your deductible on your comprehensive and collision insurance. For example, going from a $500 to a $1,000 deductible could save you 10% on average.
- Shop around for coverage: It may be worth shopping around for a new insurance carrier as each insurer calculates risk differently. Some companies may consider a first texting violation a minor offence and let it slide. Therefore, it always pays to compare quotes when shopping for a policy to determine which company can offer the best rates for your situation. You can save up to $1,025 yearly on a full coverage policy by comparing rates in your state.
- Take traffic school: Although taking traffic school will not remove the ticket from your DMV record, it may help to ensure that your insurance rates won't increase further.
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Frequently asked questions
Yes, in most cases, a ticket for texting while driving will increase your car insurance rates. The average rate increase after a texting ticket is 28%, but it can be as high as 45% in California.
In addition to the base fines, you will have to pay several other fees, including court fees and a traffic school fee. A cell phone ticket can also add points to your license, which can lead to higher insurance rates and even license suspension for repeat offenses.
One way to avoid an increase in your insurance rates is to enroll in a DMV-licensed traffic school. By completing the course and passing the final exam, you can keep the point off your driving record and prevent your insurance premiums from increasing.
