Paul Sanchez
Texting while driving is illegal in almost every state, and in most, it is also illegal to use a cell phone at all when behind the wheel. While cell phone tickets do not result in points on your driving record in California, they can still affect insurance rates. California has the highest average increase in insurance rates at 51% after a texting ticket, which is considered a moving violation in most states. A second cell phone use conviction adds 10-12% to premiums, resulting in an additional $269.20 to $323.04 per year.
| Characteristics | Values |
|---|---|
| Does a cell phone ticket affect insurance rates in California? | Yes, a cell phone ticket will likely increase insurance rates in California. |
| Average increase in insurance rates | 51% |
| Average monetary increase in insurance rates | $400 |
| Fine for first cell phone ticket offense | $150 |
| Fine for second cell phone ticket offense | $260 |
| Additional penalties for second conviction | One NOTS point from the DMV, increased premiums of $1500 to $2000 |
| Points on driving record | No |
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What You'll Learn
California's distracted driving laws
Distracted driving is not only dangerous but also illegal in California. In fact, per the CDC, 1 in 5 people killed by distracted drivers weren't even in a motor vehicle. This highlights how vulnerable pedestrians and bicyclists are to distracted drivers.
California's Vehicle Code prohibits talking or texting on a cell phone while driving. The only exception is if you're using a hands-free device such as Bluetooth or speakerphone. Even in such cases, drivers are encouraged to set up the "do not disturb" feature on their phones while driving and to prepare their GPS, music, and climate control before starting their journey.
The consequences of distracted driving in California include steep fines, with a ticket costing between $170 and $300 for a first offense, and higher fines for repeat violations. A second conviction or paid fine within three years will also result in one negligent operator treatment system (NOTS) point from the DMV, which can increase insurance premiums by $1,500 to $2,000.
It's important to note that a distracted driving ticket does not result in points on your driving record in California, so it won't directly affect your insurance rates. However, if you don't appear in court or pay your ticket, you could be charged with failure to appear, which is a misdemeanor crime punishable by up to 6 months in jail and/or a fine of up to $1,000.
The best way to avoid the consequences of distracted driving is to refrain from using your phone while driving.
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Cell phone use tickets and insurance premiums
California has strict laws against distracted driving, which includes using a cell phone while driving. California's Vehicle Code specifically prohibits talking on a cell phone or texting while driving. California drivers caught using their phones behind the wheel face a fine and potential increases in their auto insurance premiums.
Cell phone use tickets can significantly increase insurance costs. A second cell phone use conviction adds 10-12% to premiums, meaning an additional $269.20 to $323.04 per year. The fine for a first offense is $150, and about $260 for a second or subsequent offense. However, the raised insurance premium for 36 to 39 months could be much more—ranging from $1,500 to $2,000.
While cell phone tickets do not result in points on your driving record in California, which means that it won't affect your insurance rates directly, it's important to note that insurance companies may still consider it a moving violation and treat it like any other minor ticket, leading to increased premiums. The average car insurance rate increase after a texting ticket is 28%, but in California, it is the highest in the country at 51%.
It's worth noting that some insurance companies may be willing to "forgive" minor traffic violations, so it's essential to review your insurance company's policies and explore your options with a knowledgeable traffic attorney to minimize the financial impact of a cell phone use ticket.
In addition to the financial consequences, it's important to remember that distracted driving puts yourself and others in danger. According to the National Highway Traffic Safety Administration (NHTSA), looking down to read a text is the equivalent of driving blind. Therefore, the best way to avoid these consequences is to refrain from using your cell phone while driving and focus solely on the road.
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The impact of causing an accident while on the phone
California has several laws governing cell phone use while driving. The state's vehicle code prohibits talking on a cell phone or texting while driving, except when the device is specifically set up for hands-free use. Drivers under the age of 18 are prohibited from using a cell phone in any capacity while driving.
Distracted driving is a leading cause of car accidents, with thousands of traffic deaths attributed to cell phone use. In California, if you cause an accident while using your phone, you can be held liable for any injuries or damages you cause. This includes economic and non-economic damages, such as property damage, lost wages, medical bills, emotional distress, and other losses. The accident victim will likely pursue a personal injury claim to seek financial compensation.
In California, an injured party typically has to prove that the at-fault party was negligent, meaning they failed to use reasonable care to avoid harming others. Negligence per se means that negligence will be presumed if the driver violated California's distracted driving law, as this law was designed to protect others on the road. However, the defendant can challenge the presumed negligence by providing evidence that they had a valid reason for using their phone, such as an emergency.
If you are involved in an accident, it is important to contact an attorney as soon as possible. They can help gather evidence, calculate your current and future losses, and protect your rights. While a majority of auto accident cases settle out of court, the facts concerning how the crash happened will be relevant to establishing the injured party's case for damages. A jury will typically decide whether the defendant caused the injuries and damages and how much money should be awarded to the plaintiff.
In summary, causing an accident while on the phone in California can result in significant financial and legal consequences. Those affected by the accident can pursue compensation for their losses, and the driver may face increased insurance premiums and penalties. To avoid these consequences, it is crucial to refrain from using a cell phone while driving and to focus solely on the road.
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How to fight a cell phone ticket
While cell phone tickets do not result in points on your driving record in California, they can still impact your insurance rates. A second cell phone use conviction can add 10-12% to premiums, resulting in hundreds of dollars in additional costs annually. Therefore, it is important to know how to fight a cell phone ticket effectively. Here are some detailed instructions:
Check for Exceptions:
California's ban on cell phone use while driving has several exceptions. The easiest way to fight a ticket is to demonstrate that one of these exceptions applies to your situation. For example, were you:
- Making an emergency call to police, fire, or emergency services?
- Operating an authorized emergency vehicle?
- Driving on private property?
- Using your phone as a GPS or with a hands-free device?
Gather Evidence:
If an exception applies, gather the necessary evidence to support your claim. For instance, obtain phone records to show who you called and when. If you were using your phone for GPS, obtain records or witnesses to confirm your location and the purpose of your trip.
Choose Your Trial Type:
You can fight a cell phone ticket in California by requesting either a court trial or a trial by mail. A court trial involves two steps: an arraignment where you plead not guilty, and a subsequent trial where a judge decides the case. A trial by mail is a written declaration where you present your defense without appearing in court.
Build Your Defense:
Find witnesses who can testify that you weren't using your phone as alleged. Obtain phone records, or other evidence, that proves your innocence or demonstrates that you were using your phone for a permitted purpose, such as GPS or hands-free calling.
Hire a Traffic Attorney:
Consider hiring a knowledgeable traffic attorney, especially if you need help navigating the legal process. They can negotiate with the judge, defend you in court, and help minimize any financial impact. California does not offer free attorneys for traffic citations, so be prepared to cover these costs yourself.
Remember, fighting a cell phone ticket requires careful consideration of the time and money involved. Weigh the costs of fighting the ticket against the potential fine if you plead guilty. By taking a proactive approach and exploring the options outlined above, you can effectively fight a cell phone ticket and protect your driving record and insurance rates.
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The cost of a cell phone ticket
The base fine for a first cell phone ticket offence in California is $150, while a second or subsequent offence costs around $260. However, the true cost of a cell phone ticket goes beyond the initial fine. For instance, a second conviction or paid fine within three years results in a negligent operator treatment system (NOTS) point from the Department of Motor Vehicles (DMV). This point can lead to increased insurance premiums ranging from $1,500 to $2,000 for 36 to 39 months.
Additionally, the cost of a cell phone ticket can be higher if you choose to fight it in court. While you may be able to get the charges reduced or dismissed, the process will likely require the assistance of a traffic court lawyer, which can be expensive. On the other hand, if you don't address the ticket, you could be charged with failure to appear, a misdemeanour crime that carries a fine of up to $1,000 and up to six months in county jail.
To avoid the full financial impact of a cell phone ticket, you can consider enrolling in a DMV-approved traffic school. By completing a traffic course, you can mask the ticket from auto insurers, employers, and other third parties, preventing your insurance premiums from increasing. However, traffic school is not a cure-all, and multiple cell phone tickets will result in higher costs and more severe consequences.
In summary, the cost of a cell phone ticket in California is not just a fine but can also lead to increased insurance rates, court fees, and traffic school expenses. The best way to avoid these costs is to refrain from using your cell phone while driving and to address any tickets promptly to minimise their impact.
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Frequently asked questions
Yes, a cell phone ticket will likely increase insurance rates in California. The average increase is 51%, the highest in the US. However, this increase only occurs after the first ticket if it is not your first conviction.
The penalty for a cell phone ticket in California is a fine of $150 for the first offence and $260 for the second. However, the raised insurance premium for 36 to 39 months can be much more, ranging from $1,500 to $2,000.
California's Vehicle Code prohibits talking on a cell phone or texting while driving. The only exception is if the device is set up for hands-free use, such as Bluetooth connected to the vehicle's sound system.
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