Driving through Bakersfield, CA, requires your full attention to the road. Driving while distracted by a hand-held mobile phone can be dangerous and expensive. 

The Bakerfield Police Department (BPD) actively monitors traffic for illegal cell phone use to reduce distracted driving accidents. A conviction for this offense carries heavy financial consequences for Kern County drivers.

The Hidden Costs of Illegal Cell Phone Use

In Bakersfield, CA, full coverage insurance averages $2,925 annually, according to Bankrate.com.

Although this is the average, and you could pay less, you could also pay much more, especially for families with a teen on their policy.

“Parents adding a teen driver to their policy can expect to pay 130 percent more than the California average cost of full coverage.”—Bankrate.com. 

Granted, not all drivers need full coverage, but if you have a new car loan, chances are the lien holder will require it. 

Paying the fine for an illegal cell phone use ticket is an admission of guilt. This resulting conviction could cause you to lose your 20% “good driver’s” discount.

Furthermore, the added risk associated with this violation increases your auto insurance premiums by another 10-12%. Drivers can expect to pay nearly $936 more per year. These elevated costs typically last for up to three years.

Many drivers mistakenly assume that because there are no NOTS points assessed for a first offense, their insurance will not go up. That is not necessarily true. If your insurance provider learns of the paid fine, they probably will consider you in a higher risk category. 

However, a subsequent paid fine within three years will result in the DMV assessing one NOTS point. 

Understanding the Single Swipe Rule in CA VC Section 12323.5

CA Vehicle Code (VC) Section 23123.5, Cell Phone Use allows drivers to use a mounted cell phone. However, you may only use the mounted device or internal communications system with a single swipe of a finger. 

Any other handling of the phone could constitute illegal cell phone use. 

Officers often make mistakes when observing drivers in heavy traffic. They may assume a driver is texting when they are simply adjusting the phone’s mounting or view. These subjective observations are the basis for many Bakersfield citations.

Possible Defenses and Enforcement Mistakes

You have the right to challenge a distracted driving or mobile phone use ticket. 

Officers frequently misinterpret driver actions at red lights or in traffic jams. Common defense areas include:

• Single Swipe Action: The driver was using a mounted device with one finger.
• Emergency Calls: California law allows phone use to contact emergency services.
• Obstruction of View: The officer could not clearly see the driver's hands.

Likewise, an officer’s official report and witness stand statements may vary, leaving room for “reasonable doubt,” which is the legal standard in traffic court just as it is in a trial. 

Defending Your Record in Bakersfield Courthouse

Bakersfield tickets are heard at the Bakersfield Courthouse, just 5 minutes from our office. We spend a great deal of time in court and understand the procedures used there. 

We can resolve a driver’s ticket without their presence. This convenience could save you time and protect your driving record.

Bigger & Harman examine the possible results for your specific case based on the evidence. We understand how local judges view cell phone violations. Our goal is to keep your insurance rates stable and your driving record clean.

Take advantage of our complimentary initial consultation by calling Bigger & Harman at (661) 349-9300 for assistance. Se habla Español 859-1177. 

Email us at attorney@biggerharmanlaw.com or use our secure website contact form.

❓ Frequently Asked Questions (FAQ) Section

Q: Can I use my phone while stopped at a red light?

A: No, unless it is mounted or part of the vehicle’s communication system. Use of a hand-held device while the motor is running and not legally parked is subject to an illegal cell phone use ticket.  

Q: What is the average insurance increase for illegal cell phone use?

A: After a paid fine, the average Bakersfield driver will typically pay $936 more for full coverage insurance. However, a family with a teen on their policy will likely pay 2,152.80 more annually.

Q: Does a cell phone ticket add points to my record?

A: Not a first offense. A first offense is a fine only, but a subsequent offense within three years of the first will result in a one NOTS point to the driver’s record for up to 3 years. However, that does not preclude an increased insurance premium. If your provider learns of the paid fine, they could raise your rates.

References:

CA VC Section 23123.5, Driving Offenses.

AB-47, Distracted Driving.

The CA DMV Traffic Violator Course Webpage.