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Why You Should Fight a Distracted Driving Ticket

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What many drivers do not think before paying a distracted driving ticket or any traffic ticket, is that “you are innocent until proven guilty beyond a reasonable doubt”! What’s more, the State has the burden of proof, not you.

Many drivers (somewhere around 90 percent) will go to the courthouse and pay their fine like good little minions. They would never consider fighting a distracted driving ticket. It’s like getting a second property tax bill in the mail and just going to pay it even though you know you already paid. The State of California is already the fifth largest economy in the world. They do not need the revenue from an unjust tax like a traffic ticket.

A first time ticket is around $150 and subsequent tickets jump to around $250. You and your family need that money much more than the state. Now days, that $250 would be a good down payment on a pair of good running shoes.

What Is a Distracted Driving Ticket?

CA Vehicle Code (CVC) 23123 and 23123.5, Public Offenses address what is legal and what is an infraction of the traffic code for the use of an “electronic wireless communications device” while driving.

For use in accordance with CVC 23123.5, the wireless device must be “designed and configured to allow voice-operated and hands-free operation, and it is used in that manner.” Alternatively, the device can be mounted and used with a single swipe of the finger. Embedded communications devices could work in the same manner.

Distracted driving could be any number of things such as eating, drinking, tuning the radio, or programing your GPS while driving. Likewise, cellphone use, such as holding a cellphone up to your ear and talking or texting while driving, even when at a red light or stuck in traffic, could be interpreted as distracted driving by the law enforcement officer (LEO).

Once again, the LEO can ticket a driver they believe to be violating the law, but that does not make them guilty. Only a traffic court judge can rule them guilty unless they plead guilty and pay the fine.

Before you decide to plead guilty and give up the approximately $150 to $250, consult a traffic ticket attorney.

Bakersfield Traffic Ticket Attorneys Who Defend Distracted Driving Tickets

When you receive any traffic ticket in Bakersfield, around Kern County, or Central Valley, call the Law Firm of Bigger & Harman, APC (661) 349-9300. Se habla Español (661) 349-9755.

We protect the driving privileges of Kern County residents in traffic court and at DMV NOTS Hearings. We practice only traffic law and use a flat fee rather than an hourly wage, which could save you a lot of money. Although we cannot always get a dismissal, we have a solid reputation within Kern County and Central Valley.

Send your questions on email, attorney@biggerharmanlaw.com.

References:

CA Vehicle Code (CVC) 23123 and 23123.5, Public Offenses