Is cell phone ticket a moving violation in California?

Is Cell Phone Ticket a Moving Violation in California?

In California, using a handheld wireless telephone or electronic wireless communications device while driving is a primary offense, meaning that a police officer can stop and cite a driver for this violation without any other reason or offense. But is it a moving violation?

Direct Answer:

Yes, using a handheld wireless telephone or electronic wireless communications device while driving is a moving violation in California. According to California Vehicle Code (CVC) Section 23123.5, "A person shall not drive a motor vehicle while using a handheld wireless telephone or electronic wireless communications device to transmit or receive a wireless telephone call, except in a hands-free mode."

Understanding the Law:

To understand whether a cell phone ticket is a moving violation, it’s essential to understand the law. The California Vehicle Code defines a moving violation as:

"A violation of this code or a local ordinance relating to the operation of a vehicle, other than a parking violation or a violation of a local ordinance that is not a violation of this code, that is committed while a vehicle is in motion."

Using a handheld wireless telephone or electronic wireless communications device while driving is a violation of this code, as it is committed while a vehicle is in motion. This means that a police officer can stop and cite a driver for this violation while the vehicle is moving.

Consequences of a Cell Phone Ticket:

A cell phone ticket can have significant consequences for drivers in California. Some of the consequences include:

• Points on Your License: A cell phone ticket can result in 1 point being added to your driver’s license. Accumulating 4 or more points within a 12-month period can lead to a suspension of your license.
• Fine: The fine for using a handheld wireless telephone or electronic wireless communications device while driving is $20.
• Insurance Increases: A cell phone ticket can lead to an increase in your insurance premiums.
• Court Appearance: If you are cited for a cell phone ticket, you may be required to appear in court to contest the ticket or plead guilty.

Exceptions to the Rule:

There are some exceptions to the rule against using a handheld wireless telephone or electronic wireless communications device while driving. These exceptions include:

• Hands-Free Mode: Using a handheld wireless telephone or electronic wireless communications device in a hands-free mode is permitted.
• Emergency Calls: Making an emergency call, such as a 911 call, is permitted.
• Exceptional Circumstances: If you are using a handheld wireless telephone or electronic wireless communications device to report a crime, medical emergency, or other exceptional circumstance, you may be exempt from the rule.

What to Do if You Receive a Cell Phone Ticket:

If you receive a cell phone ticket, there are several steps you can take:

• Challenge the Ticket: If you believe you were not using a handheld wireless telephone or electronic wireless communications device while driving, you can contest the ticket in court.
• Pay the Fine: If you decide not to contest the ticket, you can pay the fine and accept the points on your license.
• Take a Defensive Driving Course: If you are under 18 years old and have accumulated 1 or more points on your license, you may be required to take a defensive driving course.

Conclusion:

In conclusion, using a handheld wireless telephone or electronic wireless communications device while driving is a moving violation in California. It’s essential to understand the law and the consequences of a cell phone ticket. By following the rules and using your phone responsibly while driving, you can avoid receiving a cell phone ticket and keep your license and insurance premiums in check.

Table: Consequences of a Cell Phone Ticket in California

Bullets:

• Using a handheld wireless telephone or electronic wireless communications device while driving is a primary offense in California.
• A cell phone ticket can result in points on your license, a fine, insurance increases, and a court appearance.
• There are exceptions to the rule, including hands-free mode, emergency calls, and exceptional circumstances.
• If you receive a cell phone ticket, you can challenge the ticket, pay the fine, or take a defensive driving course.