If you were cited for illegal cell phone use, you’re not alone. Many drivers around Bakersfield find themselves surprised by a ticket while scrolling on their phones while stopped at a red light at busy intersections like Stockdale Highway and Coffee Road.
We often hear the same questions from drivers: “Can I dispute this?” “Will it affect my insurance?” Yes, and yes! That’s where we come in.
At Bigger & Harman, APC, we know the stakes. We’re here to help you fight the ticket, protect your driving record, and avoid unnecessary fines.
Why Illegal Cell Phone Use Isn’t Just a Minor Ticket Anymore
The first illegal cell phone use ticket might not cost you DMV points. But the second one within three years of the first?
That will add a NOTS point and stay on your record. Worse, insurance providers typically penalize drivers right away—even for a first offense.
And it adds up fast. The fine for the first illegal cell phone ticket conviction is $150.
However, since the enactment of AB-47, the distracted driving amendment to CA Vehicle Code (VC) Section 23123.5authorizes the DMV to assess a negligent operator treatment system (NOTS) point to your motor vehicle driving record (MVR), which will likely cause a rise in your auto insurance premium at renewal.
Can I Use My Phone While Stopped at a Red Light?
Some drivers believe it’s legal to check their phone when they’re not moving—such as at a red light or in heavy traffic. But that’s not true.
Under California law, you can’t pick up or use your phone while driving unless:
It’s mounted within safe distance of the driver or part of the internal vehicle communication system.
You use a single swipe or tap.
Or you're parked safely off the road.
Using GPS without a mount or reading a message—even while stopped—can still lead to a ticket.
A $20 dashboard mount can save you hundreds.
What If I Wasn’t Using My Phone?
Some clients say, “I wasn’t using it at all.”
That’s exactly why it helps to have a lawyer. Maybe the officer saw you glance down and assumed you were.
Or maybe you were:
Calling 911 during an emergency.
Touching a legally mounted phone.
Misidentified as the person using the phone.
We’ll listen to your side and fight for the best possible outcome.
Hiring a Local Traffic Attorney in Bakersfield
If you're wondering whether you need help disputing an illegal cell phone use ticket in Kern County, talk to us.
We’ve helped drivers fight tickets across California, including those cited on SR-99 and local roads in Bakersfield.
We handle these cases frequently—and we know how to navigate local traffic courts.
No One-Size-Fits-All Defense
Each case is different.
That’s why we don’t make blanket promises. But we’ll dig into the facts and build the strongest defense possible.
We don’t encourage false statements or guesswork. We rely on legal arguments that hold up in court.
Don’t Let One Mistake Cost You Thousands
One illegal cell phone use ticket can lead to fines and higher insurance premiums, and a second offense can result in one point being added to your driving record. Let us help you protect your license and your wallet.
Call us before you pay the fine. Let's talk through your options.
Contact Bigger & Harman About a Ticket for Illegal Cell Phone Use in Bakersfield, CA
When you’re ticketed for illegal cell phone use, call Bigger & Harman at (661) 349-9300—Se habla Español (661) 349-9755 to schedule an appointment.
Use our handy contact form to schedule a consultation, or email us at attorney@biggerharmanlaw.com.
References:
The Bankrate.com article, Average cost of car insurance in CA for 2025.
The AB-47, Distracted Driving amendment to CA Vehicle Code (VC) Section 23123.5, Driving Offenses.