Driving: When You Really Shouldn't Use Your Cell Phone
Driving while on the cell phone has become a big problem in many states.
It has caused numerous distracted driving accidents, injuries, and deaths.
Driving while on the phone not only includes texting, surfing the web,
or simply just checking the time. Many think that you can't get in
trouble if the car is stopped, such as at a red light or when stuck in
traffic. That isn't the case in Bakersfield and other areas of California
unless you switch off the engine and put the car in park.
How to Avoid a Cell Phone Ticket
To avoid getting a cell phone ticket while driving around LA, you are required
to get a mount for your cell phone and other devices. This mount is to
be placed either on the windshield in the closest corner to the driver
or on the dashboard in a place where it won't block the deployment
of the airbag or the driver’s clear view of the road. The law is
very clear, it forbids drivers from touching their phones while driving.
What to Do When You Get a Ticket
Just as any “fix-it” ticket, a cell phone infraction that does
not cause an accident, you have the option of paying the fine or fighting
the ticket. Since there are no Negligent Operator Treatment System (NOTS)
points for a cell phone ticket, there is no benefit to attending traffic
school. NOTS points are only assessed for moving violations, although
technically it could be considered a moving violation, it is not in CA,
yet. Simply ignoring a cell phone ticket will only lead to more problems,
such as a bench warrant for your arrest for failure to appear and some
insurance companies will hold it against you too.
Trial by Written Declaration
In many traffic cases, you should consider using the option known as “Trial
by Written Declaration.” In this scenario, you will not need to
go to trial, just provide the court with a written
legal explanation of what happened. Email Bigger & Harman’s Law office (email@example.com) a scanned copy of your ticket and your side of the events leading up
to you getting ticketed. The judge needs to hear a legal defense that
clears you of violating the law to rule that you should not pay the fine
and Bigger & Harman can provide you a plausible legal explanation
if you are indeed not guilty.
After your mail in your rebuttal, you will need to wait 30 to 90 days for
a ruling. If the judge agrees with you the court clerk will return your
money and it is all over. If, however, the judge finds you guilty, you
may still go to court under the conditions of a Trial de Novo, which in
Latin means, new trial. CVC 40902d declares,
“If the defendant is dissatisfied with a decision of the court in
a proceeding pursuant to this section, the defendant shall be granted
a trial de novo.” The judge’s ruling on your written declaration is voided and you
start with a new hearing before the court.
“Know Before You Go”
Cell phones are a large part of society today and one of the major ways
people stay connected with each other. You can check in online, use a
map, or simply make a call on these devices. If used at the wrong time
they can also get you a ticket or cost you your job. Next time you decide
to visit CA, make sure you have researched the driving laws and have the
proper equipment to safely make it around town without getting in trouble.
Contact Bigger & Harman, APC
If you work for an employer who does not allow traffic violations of any
kind on or off the job, you have several cell phone tickets in the past,
or you need guidance with any traffic ticket in Tulare, Kern, Mono, and
other South-central valley counties, call Bigger & Harman, 661-349-9300,
for the advice and counsel you need, or email:
firstname.lastname@example.org to set up your confidential, FREE consultation, with no obligation.
En español, llame al 661-349-9755.