Jane Dotson
Texting while driving is illegal in almost every state in the US, with Montana and Missouri being the only exceptions. If caught, drivers may face fines, and if they cause an accident, the penalties can be even more severe. A ticket for texting while driving will likely increase your insurance rates, but the extent of the increase depends on the insurance company and state laws. In California, for example, insurance rates increase by an average of 51% after a texting while driving ticket, while in New York, the lowest increase is 9%. In some states, a texting ticket adds points to your driving record, which can lead to higher insurance premiums. To avoid an increase in insurance rates, some drivers opt to fight the ticket in court, shop around for new coverage, or raise their deductible.
| Characteristics | Values |
|---|---|
| Ticket impact on insurance | Ticket may or may not increase insurance rates, depending on the insurer's policies, driving history, state, and severity of the offense |
| Texting while driving ticket | Likely to increase insurance rates, with an average increase of 29% |
| State laws | Texting while driving is illegal in almost every state, except Montana and Missouri (only for drivers under 21) |
| California law | Prohibits calling and texting while driving unless over 18 and using a hands-free mode; the new "no touch" ruling (June 2025) prohibits holding the phone for any reason |
| Points on driver's license | A cell phone ticket can add points to a driver's license, varying by state; these points can lead to higher insurance rates and possible license suspension for repeat offenses |
| Fighting a ticket | Requires going to court, presenting evidence, and possibly consulting a traffic ticket attorney |
| Insurance shopping | Shopping around for new coverage after a ticket may result in finding a better rate, as not all insurance companies treat a texting ticket the same way |
| Deductible | Raising the deductible can lower insurance rates, but ensure it's affordable in case of an accident |
| Traffic school | Attending a DMV-licensed traffic school can help keep a clean driving record and prevent insurance increases |
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What You'll Learn
How much does insurance go up after a cell phone ticket?
The increase in insurance premiums due to a cell phone ticket depends on several factors, including the state, insurance company, and the driver's history. Texting while driving is illegal in almost every state, with Montana being the only exception, and Missouri only outlawing it for drivers under 21.
In California, a cell phone ticket will not add any points to your license unless you are a repeat offender. However, a single ticket can impact your insurance rates, with the average increase being around 45% to 51%. In other states, the average increase in insurance rates is lower, ranging from 9% to 28%.
The impact of a cell phone ticket on your insurance also depends on the insurer's policies. Some companies may consider a first texting violation a minor offence and let it go, while others may significantly increase your premiums. For example, State Farm offers a 15% increase, while Travelers increases rates by 49%.
To mitigate the impact of a cell phone ticket on your insurance, you can fight the ticket in court, shop around for new coverage, or raise your deductible. Additionally, enrolling in a traffic school program can help prevent insurance increases and keep your driving record clean.
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Does distracted driving increase insurance rates?
Distracted driving, including cell phone use, can increase insurance rates. The increase in insurance rates depends on the state and insurer. For example, in California, insurance rates increase by an average of 51% after a texting-while-driving ticket, whereas in New York, the lowest increase is 9%. In some states, a texting ticket adds points to your driving record, which can lead to higher insurance premiums.
According to the National Highway Traffic Safety Administration (NHTSA), even looking at a phone to read a text is like driving blind. Distracted drivers cannot react to sudden changes in traffic, such as a car stopping or a pedestrian stepping out. This risky behaviour can lead to serious accidents, which is why insurance providers consider distracted driving a high-risk activity.
In addition to insurance rate increases, distracted driving can result in fines, penalties, and even license suspension for repeat offenses. The amount of the fine and subsequent penalties varies by state and whether it is the driver's first distracted driving violation. For example, California's new cell phone ruling (June 2025) prohibits drivers from touching their phones while driving.
While a single cell phone ticket may not impact a driver's record or insurance rates in some states, multiple tickets within a certain time frame will likely result in increased insurance rates. For instance, in California, a second cell phone ticket within 36 months will result in one point on the driver's license, which remains for 36 months.
To mitigate the impact of a distracted driving ticket on insurance rates, drivers can fight the ticket in court, shop around for new insurance coverage, or raise their deductible. Additionally, enrolling in a DMV-licensed traffic school can help prevent insurance rate increases and keep a clean driving record.
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How to fight a cell phone ticket in court
A cell phone ticket will likely increase your insurance rates, but it depends on the insurance company and state laws. The average car insurance rate increase after a texting ticket is 28%, but it can go as high as 51% in California. In some states, a texting ticket adds points to your driving record, which means higher insurance premiums.
If you want to fight a cell phone ticket in court, here are some steps you can take:
Step 1: Don't Pay the Ticket
If you pay the ticket, you are essentially admitting guilt and waiving your right to contest the charge in court. So, if you believe you have a valid defence or if you want to try to get the charge reduced or dismissed, don't pay the ticket.
Step 2: Check Your Citation and Mark Your Calendar
Find out when you need to appear in court to fight the ticket. In some jurisdictions, you may be able to request a hearing online, by mail, or via a mobile app. Mark your calendar and make sure you're available on that date.
Step 3: Consult an Attorney (Optional)
While you typically don't need an attorney to fight a cell phone ticket in traffic court, consulting one can give you a better idea of the merits of your case. Most traffic law attorneys offer a free initial consultation, and they may be able to help you get the charge reduced or dismissed.
Step 4: Gather Evidence
Collect any evidence or witness statements that can support your case and cast doubt on the allegation that you were using your phone while driving. For example, you can submit phone records showing no calls or texts were made at the time, or you can provide witness reports from passengers in the car.
Step 5: Plead Not Guilty and Present Your Evidence
On your court date, plead not guilty and present your evidence to the judge. Some jurisdictions may allow you to do a trial by declaration, where you can fight the ticket without appearing in court by submitting a letter and your evidence to the judge. If a trial by declaration is not an option, you will need to plead not guilty in court and ask for a hearing.
Step 6: Negotiate for a Non-Moving Violation (If Possible)
While this may not feel like "fighting" the ticket since you'll still have to pay a fine, getting your cell phone ticket reduced to a non-moving violation can save you money in the long run. Non-moving violations typically don't result in points on your license, which means your insurance rates won't increase.
Remember that the specific process and requirements for fighting a cell phone ticket may vary depending on your location, so it's always a good idea to consult with a local attorney or legal professional familiar with the laws in your area.
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How to get a cell phone ticket dismissed
A cell phone ticket can have serious consequences, including fines, points on your license, and higher insurance premiums. While it is illegal to use a cell phone while driving in almost every state, the penalties vary depending on the state and your prior driving record. In California, for instance, a cell phone ticket will not add any points to your license unless you are a repeat offender. On the other hand, in New York, a cell phone ticket carries five points, which can lead to a significant increase in insurance premiums.
If you have received a cell phone ticket, there are several steps you can take to try to get it dismissed:
- Review the ticket details: Carefully examine the date, time, location, license plate number, and any other information on the ticket. Look for any miscommunications or errors, as these can provide a basis for dismissal.
- Gather evidence: Collect any evidence that can support your case, such as witness testimonies or phone records indicating that you were not using your phone at the time of the alleged violation.
- Consult a lawyer: Consider hiring a lawyer who is familiar with the local cell phone laws and court systems. They can provide tailored strategies and guide you through the legal process.
- Fight the ticket in court: Do not pay the ticket; instead, prepare a defense and present your evidence in court. You can plead not guilty and submit a written declaration of your innocence if you don't want to appear in court.
- Negotiate with the prosecutor: You may be able to negotiate with the prosecutor to reduce the charges or have the ticket changed to a non-moving violation, which may carry a smaller fine.
- Attend traffic school: In some states, you may be able to mask the ticket from insurers by attending a DMV-approved traffic school. This can help you keep a clean driving record and prevent insurance increases.
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How to avoid getting a cell phone ticket
Texting while driving is illegal in almost every state in the US, with the exceptions of Montana, which has no law, and Missouri, where it's illegal only if you are under 21. In California, it is illegal to call and text while driving unless you are over 18 and using your phone in a voice-operated, hands-free mode. Both handheld and hands-free cell phone use is illegal for drivers under 18, except in the case of emergencies.
A cell phone ticket will usually go on your driving record and can result in points being added to your driver's license. This can lead to higher insurance rates and, in some cases, the suspension of your license. The average rate increase after a texting ticket is 28%, but this varies depending on the state and insurance company, ranging from 9% to 51%.
To avoid getting a cell phone ticket, it is important to refrain from using your phone while driving. Here are some tips to help you stay focused on the road:
- Put your phone away in a glove compartment or a bag so that it is out of reach and you are not tempted to check it.
- If you need to use your phone for navigation, set it up before you start driving and position it in a mount so that you do not need to hold it.
- If you need to make a call or send a text, pull over safely and park your car before using your phone.
- Utilise voice commands and hands-free technology if it is safe and legal to do so in your state.
- If you are expecting an important call or text, inform the caller or recipient that you are driving and will respond when it is safe to do so.
- Keep your eyes on the road and stay focused on your surroundings. If you are a new driver, avoid any distractions that may take your attention away from the task of driving.
By following these tips, you can help ensure that you are driving safely and legally, avoiding any cell phone tickets and keeping yourself and others on the road safe.
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Frequently asked questions
Yes, a cell phone ticket is considered a moving violation in many states and will likely increase your insurance rates.
The increase in insurance rates depends on the state and insurance company. In California, the average insurance rate increase after a texting ticket is 45%, the highest in any state.
In some states, a cell phone ticket will add points to your license, which can lead to higher insurance premiums or even a cancellation of your policy. The number of points added to your license varies by state.
One way to avoid an increase in insurance rates is to fight the ticket in court and get it dismissed. Another way is to shop around for new coverage as not every insurance company treats a texting ticket the same way.
To avoid getting a ticket, it is best to avoid using your cell phone while driving. You can use the safety features of your vehicle to sync your phone and take calls or listen to texts without handling your phone.
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