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Combatting the Cell Phone Ticket

One of the most commonly issued tickets in California is for using a handheld electronic device, or the “cell phone ticket.” While the law is not only for cell phones, it is usually using these devices that cause a driver to be distracted and incur an infraction. The California Office of Traffic Safety (OTS) has studied the effectiveness of this law and the results may surprise you.

Most people would agree that using a cell phone while driving is distracting and potentially dangerous. In 2008, California first enacted VC 23123 (prohibition of using a hand-held mobile device) which was amended in 2011 and continues to change. In 2011, the CA DMV reported 460,487 cell phone ticket infractions. Yet even with this law in place, with thousands of people receiving tickets, instances of cell phone use while driving continue.

OTS Survey

In 2015, the OTS conducted a survey to monitor distracted driving or cell phone use and to gauge public opinion. While the goal was to reduce observation of cell phone use while driving to 7.4% by the end 2015, the survey showed it had increased to 9.2%, up over the average of 8.4% in 2012-2014.

Also, 1,935 drivers were surveyed about their use of cell phones while driving. Some of the results include:

· 25.6% admit to sometimes or regularly using their cell phone to text or email while driving (in the last 30 days)

· 21.4% said they sometimes or regularly talked on their handheld cell phone while driving (in the last 6 months)

· 69.5% said they talk the same or more on their cell phone as they had before the cell phone law was put in place.

What to Do if You Get a Cell Phone Ticket

From the information obtained from both the California DMV and OTS, it is apparent that many people still use their cell phones while driving and many continue to receive infractions. However, just because you get a cell phone ticket does not mean you are guilty. While a cell phone violation is not a point, it can still have employment or insurance consequences. There are ways to fight these infractions and get the ticket dismissed with the help of an experienced traffic attorney. Give us a call.

Legal Help for Cell Phone Tickets

Our expert traffic attorneys at Bigger & Harman, APC, are your source for help fighting cell phone tickets in Bakersfield, Fresno, San Luis Obispo and throughout central California. Call our office at 661-349-9300 or email attorney@markbigger.com for a free consultation. En español, llame al 661-349-9755.