Getting a texting while driving ticket in California can be a costly and inconvenient experience. This comprehensive guide will walk you through everything you need to know about these tickets, from understanding the laws to navigating the legal process.
Understanding California's Texting While Driving Laws
California's hands-free driving law, officially Vehicle Code Section 23123.5, prohibits drivers from holding a wireless telephone or electronic device while operating a vehicle. This means you can't text, email, or even browse the internet on your phone while driving. The law applies to all drivers, regardless of age.
Key aspects of the law:
- Hands-free devices are allowed: You can use your phone for calls if you have a hands-free device like Bluetooth or a car's built-in system.
- No exceptions for emergencies: Even in emergencies, you're still prohibited from holding your phone while driving.
- Strict enforcement: Police officers actively enforce this law, issuing tickets for violations.
- Penalties vary: Fines and points on your driving record depend on the number of offenses and other factors.
Penalties for a Texting While Driving Ticket in California
The penalties for a texting while driving ticket in California can be substantial and increase with subsequent offenses. Here's a breakdown:
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First Offense: A fine of $20 to $200, plus court fees, and one point added to your driving record. In addition to this, the ticket also comes with a surcharge for the court and the state.
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Second Offense: Higher fines and potentially additional penalties. These fees will again increase with added court and state surcharges.
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Third and Subsequent Offenses: Even higher fines, potential license suspension, and mandatory driver safety classes.
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Additional Fees: Remember that the base fines often don't include court costs, administrative fees, and other surcharges. These add up considerably to your total cost.
It's crucial to remember that these fines are just the beginning. Increased insurance premiums are a very real and lasting consequence of having points added to your record.
What to Do if You Receive a Texting While Driving Ticket
Receiving a texting and driving ticket can be stressful. Here’s what to do:
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Review the Ticket Carefully: Check for any errors in the citation, such as incorrect date, time, or location.
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Consider Your Options: You can plead guilty by mail, contest the ticket in court, or seek legal advice. Contesting a ticket requires careful consideration as appearing in court might require time off from work.
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Seek Legal Counsel: If you plan to contest the ticket, consult with a traffic attorney. They can advise you on your legal options and represent you in court.
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Attend Court (if necessary): If you choose to contest the ticket, be prepared to attend court and present your case.
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Complete Traffic School (if eligible): In some cases, you might be able to attend traffic school to avoid points being added to your driving record. Check with your local court for eligibility criteria.
Preventing Texting and Driving Tickets
The best way to avoid a texting while driving ticket is to simply not use your phone while driving. Here are some helpful tips:
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Put your phone away: Before you even start driving, place your phone out of sight and out of reach.
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Use a hands-free device: If you need to make or receive calls, use a hands-free device.
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Pull over to the side of the road: If you absolutely must check your phone, pull over to a safe location before doing so.
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Plan your route ahead of time: Using navigation apps before you begin driving minimizes the temptation to use your phone while operating a vehicle.
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Inform your passengers: Ask your passengers to help with navigation or to handle calls if necessary.
By understanding California's laws, penalties, and preventative measures, you can minimize your risk of receiving a texting while driving ticket and keep yourself and others safe on the road. Remember, safe driving practices are paramount.
