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Is a cell phone ticket a moving violation in California?

Is a Cell Phone Ticket a Moving Violation in California?

Understanding the Basics

In California, the use of handheld cell phones while driving is a primary offense, which means that police officers can stop and ticket drivers without having to witness any other traffic violation. The law prohibits drivers from holding and operating a handheld wireless telephone or electronic wireless communications device while driving, except in specific circumstances, such as making an emergency call to 911.

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What is a Moving Violation?

A moving violation is a type of traffic offense that occurs while a vehicle is in motion. In California, moving violations can result in points being assigned to a driver’s license, which can lead to increased insurance rates, driver’s license suspension, or even revocation. Some common examples of moving violations include speeding, reckless driving, and running a red light.

Is a Cell Phone Ticket a Moving Violation?

In California, a cell phone ticket is considered a primary offense, but it is not necessarily a moving violation. According to California Vehicle Code (CVC) Section 23123, "A person shall not drive a motor vehicle while using a handheld wireless telephone or electronic wireless communications device to transmit or receive written, printed, or spoken communication." This section is specific to the use of handheld cell phones while driving and is considered a separate offense from traditional moving violations.

Consequences of a Cell Phone Ticket

While a cell phone ticket is not a moving violation, it can still result in significant consequences, including:

  • A fine of $20 to $50
  • One point added to your driver’s license
  • A mandatory court appearance
  • Increased insurance rates
  • Possible driver’s license suspension or revocation if you accumulate multiple points

Other Cell Phone-Related Offenses

In addition to the primary offense of using a handheld cell phone while driving, there are other cell phone-related offenses that can result in moving violations and points being assigned to your driver’s license. These include:

  • Use of a wireless electronic device while driving: CVC Section 23124 makes it illegal to use a wireless electronic device, such as a GPS device or a tablet, while driving, unless it is used hands-free.
  • Texting while driving: CVC Section 23123.5 makes it illegal to text or type on a cell phone while driving, unless you are using a hands-free device.

Table: Comparison of Cell Phone-Related Offenses

OffensePenaltyPoints
Using a handheld wireless telephone$20 to $50 fine1 point
Using a wireless electronic device$20 to $50 fine1 point
Texting while driving$20 to $50 fine1 point

Defending a Cell Phone Ticket

If you receive a cell phone ticket, there are several defenses you can use to challenge the ticket. These include:

  • Challenge the officer’s observations: If the officer did not witness you using your cell phone, you can argue that the officer’s observations were not credible.
  • Show that you were using a hands-free device: If you were using a hands-free device, such as a Bluetooth headset, you can argue that you were not in violation of the law.
  • Claim that you were in an emergency situation: If you were using your cell phone in an emergency situation, such as to report a crime or medical emergency, you can argue that you were justified in using your cell phone.

Conclusion

In California, a cell phone ticket is not necessarily a moving violation, but it can still result in significant consequences, including fines, points, and increased insurance rates. If you receive a cell phone ticket, it is important to understand the laws and regulations surrounding cell phone use while driving and to consider challenging the ticket if you feel that you were unfairly ticketed. By understanding the laws and regulations surrounding cell phone use while driving, you can help keep the roads safe and avoid unnecessary consequences.

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