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Driving and Texting: What You Should Know

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CA Vehicle Code (CVC) 23123.5Driving Offenses paragraph (c) (2) allows the use of a communication device if mounted and intended for hands-free or voice-activated control and stipulates the affixed communications equipment may be used “…with the motion of a single swipe or tap of the driver’s finger.” Driving and texting would require much more than “a single swipe.”

Driving and Texting Even at a Red Light or in a Traffic Jam

What many drivers do not realize is picking up the cellphone is a violation even when stopped in traffic. Unless you are off the road and the car is in park, you could get ticketed if you have the phone in your hand. 

A simple phone mount could save you a lot of money. These devices cost between $15 and $20. The first-time ticket for illegal cellphone use has a base fine of $20, which is about $150-160 after the added county and state penalties, surcharges, and fees. 

Subsequent convictions or paid fines come with a $50 base fine and total about $280. Is it worth it when you could get a cheap phone mount? 

Provisional Driver Ban

If you are a provisional driver, usually drivers under 18 or those drivers age 18-20 in their first year of driving, are not permitted to use even a hands-free device while driving. A law enforcement officer (LEO) is not authorized to pull you over solely to determine if you are a provisional driver and if you were unlawfully using a cellphone. 

However, driving and texting are very obvious. Even with a mounted device, it is nearly impossible to concentrate on driving while checking for or sending a text. Find a safe spot to pull over, park your car, and send your text. Lives are at stake.

When you were using your mounted cellphone or a communications device embedded in the vehicle’s communications system and were ticketed anyhow, consult a traffic ticket attorney. 

Kern County Cellphone Ticket Attorneys

Caught driving and texting? Call Bigger & Harman (661) 349-9300. Se habla Español (661) 349-9755.

We handle most traffic tickets in Bakersfield Traffic Court in Kern County. We will assess your situation. If it makes sense to challenge the ticket, and you agree, we will proceed. Many times, it doesn’t make sense to dispute the ticket without irrefutable evidence that you were not using or even holding your phone. 

Nonetheless, it might be necessary when you might get named responsible for an accident, and a civil suit is possible. That is just one situation where it is imperative to have a qualified traffic attorney look at the specifics of your circumstances.  Always consult an attorney before you admit guilt and pay the fine.   

Send us an email, attorney@biggerharmanlaw.com.  

References:

CVC 23123.5Driving Offenses