Although CA Vehicle Code (VC) 12323.5, Driving Offenses, which deals with distracted driving, doesn’t specifically name “smart watches” as a culprit, it states:
“A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or anelectronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.”
Therefore, if you are checking or answering texts and phone calls on a smart watch, it could be considered distracted driving.
Smart watches have become popular for staying connected and for health monitoring, such as heart rate, blood pressure, and others. But using them while driving raises legal questions.
California law doesn’t specifically ban their use. But it does limit how drivers can use electronic devices behind the wheel.
Smart Watches and the Law in Kings County, CA
The amendment to CA VC Section 23123.5, CA AB-47, Distracted Driving, gives the DMV authority to assess one negligent operator treatment system (NOTS) for a second paid fine or conviction of the distracted driving traffic law.
The law includes phones and wireless communication devices. It does not mention smart watches directly. But you could still be cited if you're using one while driving because it is a “wireless device.”
You might think it’s safe to check alerts and texts while sitting at a red light or stuck in a traffic jam, but if the engine is running, you are considered “operating a vehicle” and subject to a ticket.
The law allows for hands-free and voice-operated use only. If you’re tapping, swiping, talking, or texting on your watch, that may violate the code.
Law enforcement officers (LEOs) in Kings County may consider this distracted driving. You could be fined around $162 for a first offense. More importantly, a second conviction will cost around $260 and impact your driving record and auto insurance premium.
A first violation could raise your insurance rates even though it did not carry a point. A second paid fine for distracted driving could raise your insurance premium by 30 to 32%. Since Kings County drivers around Hanford, CA, pay an average of $2,490 annually for full coverage insurance, it could add $747-$797 per year for three years if you lose your “good driver’s discount.”
Of course, this is the average, and yours could be less or much more if you have a teen on your policy.
According to Bankrate.com:
“California parents adding a 16-year-old driver to their full coverage auto insurance policy can expect an average premium of $7,037 per year.”
Further, not knowing which would be easier to defeat in court, always consult a traffic ticket lawyer before you decide.
Dispute Distracted Driving Charges with Help from a Kings County Attorney
Even though smart watches are worn, not held, using them could still be considered unsafe from a LEO’s perspective.Thankfully, they do not decide on guilt or innocence unless you let them by paying the fine without disputing it in court.
For example, reading texts or checking alerts draws your eyes off the road. This action might qualify as distracted driving under current interpretations.
You may think it's minor. But law enforcement may not. Judges may side with officers in court. That’s why having an attorney is important when fighting these citations.
An experienced lawyer understands how the law is interpreted in Kings County. They can challenge vague evidence and faulty or unclear accusations.
Disputing Distracted Driving Charges
Disputing a distracted driving charge with an attorney who knows the law and local courts could be easier and less expensive than paying the fine.
An attorney can help get an alternate charge or a complete dismissal to protect your record and avoid insurance hikes.
Plus, our Kings County traffic ticket attorneys can handle your trial without your presence. Therefore, you can go to work or school and protect your reputation.
If you've been ticketed for using a smart watch or cell phone while driving in Kings County, don't face it alone. Hire a knowledgeable traffic attorney who can explain your rights and present a strong defense.
Dispute distracted driving charges to possibly keep your insurance premium steady and driving history clean. Reach out today to speak with a trusted traffic attorney in Kings County, CA.
Consult Bigger & Harman About a Smart Watch, Cell Phone Use, or Distracted Driving Citation in Kings County, CA
If you face a distracted driving charge in Hanford Courthouse in Kings County, CA, call Bigger & Harman in Bakersfield at (661) 349-9300— Se habla Español 349-9755.
Use our online contact form or email us at attorney@biggerharmanlaw.com.
References:
The CA Driver Handbook English y Español.
CA VC Section 23123.5, Driving Offenses & its AB-47, Distracted Driving.