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What to Do When You Get a Texting And Driving Ticket in California


Getting a texting and driving ticket in California can be a costly and inconvenient experience. Most people know it's dangerous to text and drive, but many drivers still risk it and end up paying the price. The following guide explains what to do if you get caught texting and driving in the state of California.

California Texting And Driving Tickets

It is illegal to use a handheld cell phone while driving in California. This means that you cannot hold the phone in your hand or use it to text, make phone calls, or access the internet while you are behind the wheel. You are allowed to use a hands-free device, such as a Bluetooth headset or a dashboard-mounted phone, as long as you do not touch the phone or press any buttons while driving.

Additionally, drivers under the age of 18 are not allowed to use any type of cell phone, including hands-free devices, while driving. If you are caught using a handheld cell phone while driving in California, you may be subject to fines and other penalties. The actual penalties for a texting and driving ticket depend on the circumstances of your case and whether you have any prior convictions for texting and driving.

Texting and driving tickets in California need to be taken seriously. Reading and responding to texts, as well as checking and responding to emails and looking at social media are dangerous behaviors that can lead to accidents, injuries, and fatalities.

If you received a ticket for texting and driving in California, contact a top-rated California traffic ticket attorney at Fight My Ticket today for a free consultation to discuss your options by calling or texting 323-435-6045

What are the Texting and Driving Laws in California?

Getting caught using a cell phone while driving in California can often result in fines and other penalties. Under California law, California Vehicle Code Sections 23123, 23123.5, 23124, and 23125 states that it is illegal to drive while using a cell phone or any other electronic device while holding it in your hand.

The police can give you a ticket for the following while driving:

  • Using a handheld phone
  • Using a hands-free phone with earbuds that go into both of your ears
  • Being under 18 years old and using a phone under any circumstances while driving a car, even with a hands-free system

In the state of California, you are only allowed to use your phone while driving if you are over 18 years old and if you are using it with a hands-free system.

If you do not have a hands-free system, you are only allowed to use your phone while driving on private property or while placing an emergency call to law enforcement, health care providers, the fire department, or other emergency services.

It is important to note that these laws apply to all types of vehicles, including cars, trucks, and motorcycles. They also apply to both publicly maintained local roads and highways.

Do Texting Violations Affect Your Driving Record?

Your first texting and cell phone violation will not add points to your California driving record; however, if you are cited for texting and driving a second time within 36 months, a point will be added to your record if you are found guilty.

How Much is a Texting and Driving Ticket in California?

If you just received your first texting while driving ticket, you may not get any points on your license, but it can still affect your wallet. Including the base fine and fees, your ticket for texting can be as much as $162 per violation.

A texting and driving ticket in California can cost more than just money. These types of tickets can also affect your time and reputation. Dealing with a traffic ticket steals your valuable time by keeping you from doing more productive things. In addition, if you drive for a living, having points and a bad driving record could affect your livelihood – especially if you are a commercial truck driver, or you drive for Uber, Lyft, DoorDash, Veyo, or another type of ride-sharing service.

Can You Contest a California Texting and Driving Ticket?

People who have been given a citation for texting and driving have the option to either pay the ticket or contest it in court. If you choose to pay the ticket and plead guilty, you can do so online, by mail, or in person at the court listed on your citation. It is within your right to contest a texting and driving ticket if you believe you didn’t deserve to be cited for it.

If you decide to fight the ticket, you will need to appear in court on the date and time specified on your ticket to make your case.

Texting while driving tickets are issued in error all the time. Just because an officer wrote you a ticket doesn’t mean that you’re stuck with having to pay a fine and accept any penalties. If you believe that you shouldn’t have received a ticket for texting and driving, we can contest your texting ticket on your behalf. Remember, you are innocent until proven guilty.

Misconceptions About Texting While Driving In California

There are many misconceptions about texting and driving tickets. A lot of people assume that police officers are only allowed to write texting and driving tickets if they’ve committed another driving infraction. This is not true. If the police see you texting while driving, you can be pulled over and cited. In fact, a police officer can give you a ticket for texting on your phone while you’re waiting at a red light.

Contact California’s Fight My Ticket Attorneys To Contest Your Texting Ticket

Fight My Ticket was started by William S. Kroger, Esq. in 1997. Attorney Kroger and his team of highly experienced traffic ticket attorneys in California have helped thousands of drivers avoid points, fines, and court time. With a 90 percent success rate, the lawyers at Fight My Ticket can help fight your texting and driving ticket painlessly and stress-free.

We fight, you relax.

We represent both in-state and out-of-state motorists cited with traffic violations all over the state of California. Contact us today for a free, no-obligation consultation. Fill out our Contact Form or call or text 323-435-6045 for immediate help.

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