Fine if You Write Send or Read Text-based Communication While Driving California
California Cell Phone Apply and Texting While Driving Laws
Have you recently been issued a traffic ticket in California for texting or talking on your cellphone while driving? If and then, you should not take this violation lightly. Due to the insurmountable number of deaths that result from cellphone use and driving in California each year, drivers who violate these laws are prosecuted aggressively. Thus, information technology is important to sympathize the laws that govern cellphone utilize and driving in California and the punishments that will event from a violation of these laws.
Using Your Cellphone While Driving (VC 23123)
Under California Vehicle Code Section 23123, yous are not allowed to employ a cellphone device while driving unless the device is designed to permit you lot to engage in a telephonic conversation without having to concord the device in your hands. If you hold your cellphone to heed or talk on your phone while driving, you lot are violating the California Vehicle Code and are exposed to getting stopped and being issued a citation past a traffic officer.
Texting And Driving (VC 23123.v)
In addition to the laws pertaining to using your cellphone to make phone calls while driving, sending written communication such as text messages or emails while driving is also illegal under California constabulary. Under California Vehicle Code Section 23123.5, it is illegal to "write, send, or read a text-based communication" while you are operating a vehicle. Nonetheless, if you read, enter, or select a phone number or the name of a contact on your telephone with the intent to (a) communicate with this person through a hands-free device or (b) deactivate your device, you are not violating California law.
Penalties for Using Cellphone Device or Texting and Driving
A violation of either of these laws carries the same punishment. If you are cited for texting and driving or using your cellphone while driving a vehicle, y'all confront the following penalties:
- A xx dollar ($20) fine for your first crime;
You may be pulled over if an officer witnesses y'all texting and driving. - A 50 dollar ($50) fine for any subsequent crime;
- Additional penalty assessments and fees; and
- Having the law-breaking(s) shown on your driving tape. ane
It is of import to notation that, although the offense volition show up on your DMV driving tape, you will not receive a bespeak on your tape. In addition, the penalty assessments and fines for either of these offenses are hefty. This means that, although the base of operations fine is just $20 for a offset criminal offence, you could pay upwards of $165 in total for your citation.
How to Avoid Violating Texting and Cellphone Use While Driving Laws
There are certain measures that you lot can have in guild to engage in a telephone conversation while you lot bulldoze without violating any laws. The easiest way you lot tin avert violating these laws is past purchasing an ear piece that allows you to engage in a conversation while both of your hands are placed on the wheel. You may either utilize a Bluetooth earpiece or headphones equipped with a microphone feature. Yet, California prohibits you from having headsets or earplugs in both ears while operating a vehicle. 2
Some other solution, which may be more expensive, is to set up a blue-tooth device in your car that automatically syncs to your telephone and allows you to answer calls and make phone calls past simply pressing a few buttons on your manus-wheel. Many newer cars today come up with this feature.
Exceptions to Laws Against Cellphone Use
The purpose of traffic laws is to keep California roads equally prophylactic every bit possible. Therefore, if yous find yourself in an emergency situation in which you must utilize your telephone to communicate with the police, the paramedics, or the fire department while driving, you may use your cellphone without having to fear that y'all are violating whatsoever of these laws. Notwithstanding, this only applies to communication betwixt you and an emergency service provider, and not your friends or relatives. (VC 23123(c)).
It is important to note that in 2014, the California Courtroom of Appeal ruled that you are immune to use your phone's GPS device while driving, so long as yous are non holding information technology with your hands or communicating with other individuals while using your telephone's GPS. (People 5. Spriggs, 2014)
Call Wallin & Klarich Today
If you have been issued a citation for using your cellphone to talk or text while driving, call Wallin & Klarich today. Our attorneys have over forty years of feel helping clients go outstanding results in their traffic matters, and nosotros are set to aid you fight your ticket now.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich California criminal defense attorney near you no matter where you work or live.
Telephone call us today at (877) 466-5245. Nosotros will exist there when you call.
1. [http://www.chp.ca.gov/pdf/media/cell_phone_faq.pdf]↩
2. [http://drivinglaws.aaa.com/laws/headsets/]↩
Source: https://www.wklaw.com/practice-areas/fight-traffic-ticket-california/texting-and-driving-or-cell-phone-use-while-driving/
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