If You Write Send or Read Text-based Communication While Drive
California Jail cell Phone Use 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 non take this violation lightly. Due to the insurmountable number of deaths that issue from cellphone use and driving in California each twelvemonth, drivers who violate these laws are prosecuted aggressively. Thus, it is important to understand the laws that govern cellphone use and driving in California and the punishments that will result from a violation of these laws.
Using Your Cellphone While Driving (VC 23123)
Under California Vehicle Code Section 23123, you are not immune to use a cellphone device while driving unless the device is designed to let you to engage in a telephonic conversation without having to hold the device in your hands. If you lot concur your cellphone to listen or talk on your phone while driving, you 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 23123.5)
In improver to the laws pertaining to using your cellphone to brand telephone calls while driving, sending written communication such as text messages or emails while driving is as well illegal under California law. Under California Vehicle Code Section 23123.5, it is illegal to "write, send, or read a text-based advice" while yous are operating a vehicle. However, if you read, enter, or select a telephone number or the name of a contact on your phone 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 penalization. If you lot are cited for texting and driving or using your cellphone while driving a vehicle, y'all confront the following penalties:
- A twenty dollar ($20) fine for your first criminal offence;
You may be pulled over if an officer witnesses you texting and driving. - A 50 dollar ($fifty) fine for any subsequent offense;
- Boosted punishment assessments and fees; and
- Having the offense(south) shown on your driving tape. i
It is important to note that, although the offense will prove up on your DMV driving record, you will not receive a point on your tape. In addition, the punishment assessments and fines for either of these offenses are hefty. This means that, although the base fine is merely $twenty for a first offense, you could pay upwards of $165 in total for your citation.
How to Avoid Violating Texting and Cellphone Use While Driving Laws
There are sure measures that you tin take in club to appoint in a telephone conversation while you drive without violating any laws. The easiest way you tin can avoid violating these laws is by purchasing an ear piece that allows you to engage in a conversation while both of your hands are placed on the bicycle. You lot may either use a Bluetooth earpiece or headphones equipped with a microphone characteristic. Withal, California prohibits you from having headsets or earplugs in both ears while operating a vehicle. two
Another solution, which may be more than expensive, is to set up up a blue-tooth device in your car that automatically syncs to your phone and allows you to answer calls and make telephone calls by simply pressing a few buttons on your hand-cycle. Many newer cars today come up with this feature.
Exceptions to Laws Against Cellphone Use
The purpose of traffic laws is to go on California roads as safe every bit possible. Therefore, if you detect yourself in an emergency situation in which you lot must use your telephone to communicate with the police, the paramedics, or the fire section while driving, you may use your cellphone without having to fear that you are violating any of these laws. Nonetheless, this only applies to communication between yous and an emergency service provider, and not your friends or relatives. (VC 23123(c)).
It is important to note that in 2014, the California Court of Appeal ruled that you are allowed to apply your telephone's GPS device while driving, so long equally you are not holding it with your hands or communicating with other individuals while using your phone's GPS. (People 5. Spriggs, 2014)
Phone call Wallin & Klarich Today
If yous have been issued a citation for using your cellphone to talk or text while driving, call Wallin & Klarich today. Our attorneys have over twoscore years of experience helping clients go outstanding results in their traffic matters, and nosotros are fix to help you fight your ticket at present.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, W Covina and Victorville, at that place is an experienced Wallin & Klarich California criminal defence force chaser near you lot no matter where you work or live.
Telephone call the states today at (877) 466-5245. We will exist there when you call.
1. [http://world wide web.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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