Is a Cell Phone Ticket in California a Moving Violation?
Introduction
Distracted driving is a serious concern on California roads, and using a cell phone while driving is one of the most common distractions. In an effort to reduce the number of accidents caused by distracted driving, the California legislature passed Assembly Bill 1785, which makes it illegal to use a handheld wireless phone while driving. But is a cell phone ticket in California a moving violation?
What is a Moving Violation?
A moving violation is a violation of traffic laws that is committed while a vehicle is in motion. Examples of moving violations include speeding, running a red light, and failure to yield. Moving violations are typically punishable by fines and may also result in points being added to a driver’s license, which can lead to increased insurance premiums and even license suspension or revocation.
Is a Cell Phone Ticket a Moving Violation in California?
The short answer is yes, a cell phone ticket in California is a moving violation. According to California Vehicle Code Section 23123.5, "A person shall not drive a motor vehicle while using a handheld wireless telephone for the purpose of engaging in a telephone call, nor shall a person use a handheld wireless telephone while driving a motor vehicle that is in motion." This section makes it a moving violation to use a handheld wireless phone while driving.
Penalties for a Cell Phone Ticket in California
The penalties for a cell phone ticket in California are as follows:
- Fine: The fine for a first-time offender is $20. If the offense occurs within 36 months of a prior offense, the fine increases to $30. For subsequent offenses, the fine is $50.
- Points: A cell phone ticket is not typically punishable by points, but a second or subsequent offense may result in the assessment of one point.
- Court Appearance: A cell phone ticket is usually an infraction, which means it is not punishable by a court appearance. However, if the offense occurs with a prior offense within the past 36 months, the court may require the defendant to appear in court.
What is a Handheld Wireless Telephone?
A handheld wireless telephone is any device that allows a person to engage in a telephone call while the device is held in the hand. This includes but is not limited to:
- Cell phones
- Smartphones
- Tablets
- Portable music players with phone capabilities
Exceptions to the Cell Phone Law
There are some exceptions to the cell phone law in California. For example:
- Emergency situations: If a person is using a handheld wireless telephone in an emergency situation, such as to call 911 or report a crime, they are not considered to be in violation of the law.
- Hands-free devices: If a person is using a hands-free device, such as a Bluetooth headset or a speakerphone, they are not considered to be in violation of the law.
- Radio dispatch: If a person is using a radio dispatch system to communicate with the public or another driver, they are not considered to be in violation of the law.
Table: Penalties for a Cell Phone Ticket in California
| Offense | Fine | Points | Court Appearance |
|---|---|---|---|
| First-time offender | $20 | 0 | No |
| Second-time offender | $30 | 0 | No |
| Subsequent offender | $50 | 1 | Yes |
Conclusion
In conclusion, a cell phone ticket in California is a moving violation. It is illegal to use a handheld wireless telephone while driving, and the penalties for violating this law include a fine and potentially points being added to a driver’s license. There are some exceptions to the law, such as emergency situations, hands-free devices, and radio dispatch. It is important for drivers to be aware of these laws and to take steps to prevent distracted driving.
Additional Resources
- California Vehicle Code Section 23123.5
- California Highway Patrol: Distracted Driving
- National Highway Traffic Safety Administration: Distracted Driving
