Distracted driving, especially cell phone use, has become a major focus for law enforcement in Kern County, CA. 

Specifically, in Shafter, CA, officers are strictly enforcing California’s ‘single swipe-hands-free’ rules regarding cell phone use. Many drivers believe they are safe if they aren't actively talking or texting.

However, the law prohibits holding a wireless device for any reason while driving. This prohibition includes checking a map or scrolling through your music. If a device is in your hand, it counts as illegal cell phone use.

The easiest prevention for these violations is to mount the phone within easy reach of the driver so that they can activate it with a single swipe if it is not a part of the vehicle’s communication system, as in many new cars. 

These tickets lead to significant financial and legal consequences for local drivers. In California, a first offense carries a fine and assessments of around $150. A second offense of distracted driving or cell phone use often reaches nearly $260in immediate costs.

In either case, a paid fine can drive up your auto insurance premium. However, you may be eligible to attend Traffic Violator School (TVS) to keep it off your driving record, ask a traffic attorney, regardless of what your court notice says. 

However, once the DMV assesses the one NOTS point, your insurance provider will definitely strip you of your good driver’s 20% discount and add the relevant risk, around 10-12% more. 

In Shafter, Kern County, CA, that could mean an increase of around 30% to the average cost of full coverage, $2,889, or an increase of about $866.70 per year for up to three years.  

Understanding the DMV Point System for Cell Phone Use

A major change in California law in AB-47, Distracted Driving, an amendment to CA Vehicle Code (VC) Section 23123.5, Cell Phone Use, has increased the stakes for repeat offenders dramatically. 

The DMV now has the authority to assess one NOTS point for a second conviction within 36 months.

For many years, these were "pointless" infractions that only carried fines. Now, a second paid fine or conviction for distracted driving triggers a NOTS point. Reports are that even a first violation without points will increase insurance premiums for California drivers who pay the fine without contesting the infraction. For a second offense with a point, the insurance could go through the roof. 

In Shafter, CA, protecting your driving privilege means avoiding a conviction. Accumulating too many NOTS points can lead to a license suspension. The DMV monitors distracted driving points closely through its Negligent Operator system.

How Shafter, CA, Traffic Courts Handle Citations

In California, traffic court judges decide traffic tickets. The DA or prosecutor does not normally get involved with a traffic infraction. This means your case is a direct matter between you, the ticketing officer, and the court, or between your attorney and the court.

The officer must prove you were engaged in illegal cell phone use while driving. Many drivers are cited while stopped in traffic or at a red light in Shafter, CA. However, the law applies even when the vehicle is temporarily stationary or you are driving on I-5.

Contesting a distracted driving charge requires a specific legal strategy for the local court. The traffic attorneys at Bigger & Harman understand how to challenge these observations. We can represent you in Shafter, CA, to help keep your record clean and protect your family budget.

The Economic Impact of Distracted Driving Tickets

A ticket for cell phone use in Kern County, CA, is more than just a fine. After court fees and state assessments, a first-time total can exceed $150. Subsequent fines often reach nearly $260 in immediate costs.

However, the true expense to your budget comes from the potential loss of your good driver discount. Whether the DMV assesses a NOTS point or not, insurance companies often raise rates after a paid fine. This increased cost can last for three years or more.

Contact Bigger & Harman About a Cell Phone Use or Distracted Driving Ticket in Shafter, CA

If you are facing a charge for distracted driving due to cell phone use, don't just pay the fine. 

Paying the fine is an admission of guilt that will trigger an increased insurance premium, as will the NOTS point assessment for a second paid fine within three years. 

Give the traffic attorneys at Bigger & Harman a call at (661) 367-8232 (se habla Español). If you prefer, email attorney@biggerharmanlaw.com or complete our website’s contact form to discuss your options with a free initial consultation.

We are Kern County lawyers who regularly appear in Shafter Courthouse to represent drivers with cell phone use and other traffic tickets.  

❓ Frequently Asked Questions (FAQ) Section

Q: Can I use my phone if it is mounted on the dashboard?

A: Yes, as long as it is within reach without removing your seatbelt and activate it with a single tap or swipe. You cannot text or scroll through apps while driving in California.

Q: What if I used my phone to report an emergency?

A: There are specific exceptions for making emergency calls to law enforcement or medical providers. Evidence of an emergency can be a strong defense against distracted driving. Always consult a traffic ticket attorney before paying the fine.

Q: Can Bigger & Harman represent me without my going to court?

A: Yes, in most traffic infraction cases, we can appear on your behalf. This saves you a trip to the Shafter, CA courthouse and time away from work.

References:

CA VC Section 23123.5, Driving Offenses.

AB-47, Distracted Driving.

The CA Driver Handbook English y Español.