Unless you’ve been extremely lucky during the past four years or don’t use a phone while driving, you’re likely aware of this California traffic law (AB-47, the distracted driving amendment to CA Vehicle Code (VC) 23123.5), which gives you a point after you pay the fine for a second cell phone ticket. What you don’t know is that even the first cell phone ticket can cause your insurance rates to rise.
Misconceptions About Distracted Driving
Many drivers believe checking messages at a red light is legal. This assumption is a critical misunderstanding of the current vehicle code. You cannot hold your device while stopped at a red light or while stuck in traffic.
The law requires phones to be mounted on the dashboard or windshield. You may only activate features with a single swipe or tap. Holding the device for any reason is typically a violation.
Fighting Unjust Accusations in Tulare County
Officers sometimes make mistakes regarding mobile device use. They’re only human. We frequently speak with drivers who were not using their phones illegally.
Perhaps you were simply glancing down, and the officer mistook it for cell phone use. A simple check of your mobile phone records can clear that up.
You might have been adjusting a legally mounted GPS unit. Dialing 911 in an emergency is also a “lawful exception.”We examine the specific facts of your traffic stop carefully.
Enforcement on Local Highways
Tulare County law enforcement and the CHP are strict about distracted driving.
We see many citations issued along State Route (SR) 198 in Visalia, while drivers are heading towards the Sierra Nevada foothills and Sequoia National Park. Officers watch specifically for glowing screens during evening commutes.
Drivers on SR 65 in Porterville also face heavy scrutiny. The California Highway Patrol (CHP) patrols these corridors frequently. A moment of inattention here can lead to a costly fine or traffic court date.
You can avoid spending time in court with a knowledgeable and experienced traffic attorney.
Avoiding Points on Your Record
We have helped many clients keep their records clean. Avoiding that point is critical for your long-term insurance rates.
Depending on your situation, we will tailor a personalized strategy:
- We could challenge the officer’s observations if you were not using your cell phone.
- We can argue that you had an actual emergency if this were the case.
- We represent you so you can stay at work.
Taking action immediately provides the most options for a favorable outcome. Ignoring the citation will only lead to further penalties.
How Much Will My Insurance Rise After a Cell Phone Ticket?
Insurance premiums rise due to many factors, such as age, where you park your vehicle, how far you typically drive to and from work, and most importantly, your driving record.
A paid fine for a minor infraction usually raises your premium 30-32% when the DMV assesses a NOTS point.
For the average Tulare County driver, that means their average full coverage premium of $2,650 will rise around $795 annually for three years.
Ask Bigger & Harman About a Cell Phone Ticket
Better yet, it’s advisable to ask us about any traffic ticket than presume you know what’s best and end up paying around$795 more annually for auto insurance.
You should consult a traffic attorney before paying any fine. Paying the ticket is an automatic admission of guilt. This action allows the DMV to assess points against your license.
If you have a cell or mobile phone ticket, call Bigger & Harman, APC, about setting up an appointment to discuss your ticket. Give us a call at (661) 349-9300—marque el 859-1177 para Español.
Use the handy and secure contact form for a courtesy initial consultation, or email us at attorney@biggerharmanlaw.com.
❓ Frequently Asked Questions (FAQ) Section
Q: How much will my insurance rise after a cell phone ticket?
A: Insurance premiums rise due to many factors, such as age, where you park your vehicle, how far you typically drive to and from work, and most importantly, your driving record. A paid fine for a minor infraction usually raises your premium 30-32% when the DMV assesses a NOTS point. For the average Tulare County driver, that means their average full coverage premium of $2,650 will rise around $795 annually for three years.
Q: Can I dispute a cell phone use ticket in Visalia or Porterville Courthouse in Tulare County?
A: Disputing a cell phone use ticket can be complex. It is wise to ask a traffic attorney about any traffic ticket, as several situations could result in an alternate no-point violation or full dismissal. Likewise, due to circumstances, a first cell phone ticket might be more easily defended than a second.
Q: Why should I hire a traffic attorney for a mobile phone ticket when it’s only $150 to $260?
A: The $260 fine for a second or subsequent cell phone ticket is only about one-fourth of the total expense. When the DMV assesses NOTS points for a traffic ticket, your insurance company will pull your good drivers’ discount and add the associated risk, typically resulting in an $795 increase for Tulare County drivers for 36 to 39 months—a total increase of nearly $2,385.
References:
CA VC Section 23123.5, Driving Offenses and the AB-47, Distracted Driving amendment.
The CA DMV Traffic Violator Course Webpage.
The Bankrate.com article, Average cost of car insurance in CA for 2025.