Cell Phone Tickets in Kings County

Protect Your Record After a Kings County Cell Phone Ticket

A cell phone citation can affect more than the amount printed on the ticket. Depending on prior violations, a conviction can add a DMV point, raise insurance premiums, and contribute to license-suspension risk. At Bigger & Harman, APC, we practice traffic law and help Kings County drivers evaluate their options before responding to a citation.

We have more than a decade of experience helping individuals challenge traffic offenses throughout California and have been asked to assist with over 20,000 traffic tickets statewide. We’re also a member of the California Traffic Defense Bar Association.

Call (661) 349-9300 for a free consultation about your Kings County cell phone ticket and the options for addressing it.

California Cell Phone & Handheld Device Laws

California Vehicle Code 23123(a) prohibits drivers from using a wireless telephone unless it’s designed and used for hands-free operation. Section 23123.5(a) separately prohibits holding and operating a handheld wireless telephone or electronic communications device unless it’s specifically designed for voice-operated, hands-free use.

These laws cover more than talking on a phone. Sending text messages or holding a device while using GPS or navigation can also lead to a citation. The officer’s observations, the device’s placement, and how the driver operated it can all matter when assessing the allegation.

California law permits limited operation of a properly mounted device with a single swipe or tap. The device may be mounted on the windshield, dashboard, or center console, but its placement can’t obstruct the driver’s clear view of the road. Holding the device while operating it isn’t covered by this exception.

A driver may also use a wireless telephone to make an emergency call to law enforcement, a health care provider, a fire department, or another emergency services agency. Whether this exception applies depends on the purpose and circumstances of the call, not simply the driver’s belief that the matter was important.

Fines, DMV Points & Insurance Consequences

The statutory base fine is $20 for a first violation and $50 for a subsequent violation. Court assessments and fees make the total substantially higher. The California Highway Patrol states that a first-time violation costs at least $162 after those additional assessments.

Since July 1, 2021, a conviction under either handheld-device statute can result in a DMV point. The point generally applies when a driver has a prior conviction for one of these offenses within the preceding 36 months. Citation history therefore matters when evaluating the potential effect on a driving record.

A DMV point can contribute to higher insurance premiums, although the effect depends on the insurer, policy, driving history, and other rating factors. Accumulated points can also increase the risk of a negligent-operator license suspension. Commercial drivers may face additional employment or insurance concerns.

Kings County Traffic Court Procedures

The Traffic Division of the Superior Court of Kings County handles cell phone citations as infractions. An infraction is a noncriminal violation punishable by a fine rather than jail time. The citation and court notice identify the response requirements and due date for the case.

Traffic School Eligibility

Traffic school isn’t automatically available or useful for every citation. Kings County excludes citations carrying more than one point, speeding allegations involving more than 100 mph or at least 26 mph over the limit, and cases involving alcohol or drugs. Eligibility also depends on California rules and the driver’s record.

Paying a cell phone ticket and requesting traffic school may not resolve every concern. We review the charged code section, prior violations, and available court options before discussing a response.

Trial by Written Declaration

Both handheld-device offenses are eligible for Trial by Written Declaration. This procedure allows the driver and citing officer to submit written statements and evidence for judicial review instead of appearing at the initial trial. Filing requirements and deadlines still apply, so drivers must carefully follow the instructions issued with the citation.

How We Handle Cell Phone Ticket Cases

We begin by reviewing the ticket, charged statute, alleged device use, and relevant citation history. During the consultation, we outline potential outcomes and explain the available choices. Every case receives individualized attention and clear communication.

Our attorneys handle most court appearances, allowing clients to continue attending work or school as usual. We charge a flat fee, so the terms of representation are established at the outset.

We have often secured dismissals or reductions of serious traffic charges to non-point violations. Past results don’t predict the outcome of a new citation, but they reflect the preparation and traffic-law experience we bring to each case.

Discuss Your Kings County Cell Phone Citation

We offer free consultations for drivers who want to understand the charge, its possible consequences, and the available court procedures. Evening, weekend, and phone appointments are available, and we provide Spanish-language service.

Before reaching out through our contact form, have the citation and any court notice available so we can review the information issued in your case.

Call (661) 349-9300 to discuss your cell phone ticket with Bigger & Harman, APC and decide on your next step.