Most of us are guilty of sending or checking the occasional text while driving. However, few of us consider the consequences. Not only are we endangering our own life but the safety and lives of those sharing the road with us. Additionally, even if you’re not in an accident, serious fines and punishments are imposed if you’re caught violating this law. Particularly in the state of California. Like many other states across the country, California has introduced stricter laws and punishments in an effort to crack down on smartphone use while driving. These laws apply to drivers of all ages. This isn’t just law enforcement targeting teenage drivers on their phones.
THESE STRICTER LAWS ARE JUSTIFIED BY DATA
It’s been estimated that up to 80% of automobile accidents in California can be attributed to some type of distracted driving. Hardly surprising considering various studies have suggested that 1 out of every 8 drivers are using their smartphone while driving. Taking their focus and concentration off the road as they do so.
While “texting while driving” is the most talked-about form of distracted driving these days, there are many other types of distracted driving just as problematic. The laws implemented to curb cell phone use while driving include other types of uses beyond texting and driving – for instance, talking on the phone without a hands-free headset, checking or posting to social media, using music applications, video chats or conferencing, conducting online searches, etc.
Holding a cell phone has been illegal in the state of California since 2017. There are very few exceptions any more. California’s ban on cellphone use when driving isn’t applied to a motorist using their phone while driving on private property. It also isn’t applied to drivers placing a call for emergency services. An exemption is also granted to emergency service professionals behind the wheel of an ambulance or another authorized emergency vehicle. Additionally, someone using their device while parked shouldn’t be cited under California’s existing laws.
Citations can be issued regardless of the circumstances. Of course, any charge could be contested in court. Someone using a navigation system at the time they were pulled over could possibly beat a citation in court. Especially if the driver was only using their hand to turn their navigation app on or off with a single tap or swipe.
A driver under the age of 18 has fewer leniencies. Underage motorists are prohibited entirely from using a cellphone while driving. Even if using in hands-free mode. Making an emergency call is the only exception. Lawmakers and judges are determined to teach safe driving habits to teens with less experience on the road.
WHAT IS THE FINE FOR TEXTING AND DRIVING?
Someone cited for texting while driving could face an initial fine of up to $150 once assessments are added to the base fine. Subsequent offenses can cost over $250.
The base fine for an initial offense generally starts at $20. This increases to $50 for subsequent offenses. More fines may be added for additional violations. Then, of course, there are associated charges like court costs and other fees when disputing the citation or paying the ticket.
HOW MANY POINTS IS TEXTING AND DRIVING?
Under California law, cellphone use is a zero-point violation at the moment. This means a conviction shouldn’t increase a driver’s auto insurance rates.
However, any violation occurring on or after July 1, 2021 will be assessed one point by the DMV if it falls within 36 months of a previous conviction.
HOW TO AVOID A TEXTING AND DRIVING CITATION
If you want to avoid a citation for texting while driving or using a cellphone while behind the wheel, ALWAYS remember to use your device in a hands-free manner. Bluetooth, speakerphone, or voice-activated features like voice to text messaging are your friends. Police want to see your hands on your steering wheel and nowhere else. This is why most automobiles these days even have radio dials on the steering wheel controls.
WERE YOU INJURED IN A TEXTING & DRIVING ACCIDENT IN LOS ANGELES?
If you’ve been injured in an accident caused by a driver texting while driving, the attorneys at M.R. PARKER LAW, PC are here to help you get the settlement you deserve. We’ll prove the other driver was texting or using their cell phone at the time of the accident and distracted driving is to blame. Contact us today to discuss your case. We’re available by phone at (818) 334-5711 or complete our online contact form to schedule your free consultation.
