Using a phone while driving is illegal in California and can result in fines and penalties if caught by law enforcement. California was one of the first states to enact distracted driving laws to curb phone use behind the wheel. Since then, the fines and consequences for phone use while driving have increased as the dangers of distracted driving became more apparent.
California’s Cell Phone Laws
California law prohibits all drivers from using handheld cell phones for any purpose while operating a vehicle. This includes holding a phone for calls, texting, using apps, and more. Hands-free use is allowed via speakerphone, voice commands, or dashboard/windshield mounts.
However, drivers under 18 are not allowed any phone use at all, even hands-free. The only exception is making an emergency call to law enforcement, health providers, or family members.
Additionally, all bus drivers are prohibited from using cell phones with or without a hands-free device.
These laws apply when driving on any public roads in the state of California. Private property is not included unless it is open to the public access, like parking lots for retail stores. The laws also apply when stopped at traffic lights or stuck in traffic jams – cell phone use remains illegal while behind the wheel.
Primary Ticket Cost for Distracted Driving
The base fine for a first distracted driving offense in California is $162. This covers any kind of distraction, including cell phone use. With fees, the total ticket amount increases to $223. For second and subsequent offenses, the base fine increases to $285, or $328 with fees.
However, phone use specifically can result in increased fines under California’s separate cell phone driving laws:
Cell Phone Driving Violation Fines
– First offense: $162 base fine + $70 penalty + fees = $285 total
– Second offense: $285 base fine + $70 penalty + fees = $367 total
– Third & subsequent offenses: $285 base fine + $100 penalty + fees = $388 total
As you can see, the penalty for cell phone use is higher than other forms of distracted driving. The goal is to curb phone use behind the wheel through steeper consequences.
Factors that Can Increase Ticket Costs
There are a few circumstances that can amplify the fines for phone use while driving in California:
Accident
If phone use while driving results in an accident with injuries or property damage, the base fine increases to $982 – over 6x the standard amount. With fees, the total accident-related ticket can reach $1,143.
Construction Zone
Getting ticketed for phone use in an active construction zone tacks on an additional $35 fine per offense.
Emergency Zone
Similar to construction zones, fines increase by $35 if you’re ticketed for phone use while driving in an emergency response area with first responders like police, firefighters, ambulances, etc.
School Zone
Using a phone in a posted school zone adds $35 to the base fine per offense. School zone enhanced fines apply on school days from 30 minutes before to 30 minutes after the school’s opening and closing times. Fines are higher in school zones to protect children from distracted drivers.
License Point Penalties
In addition to fines, getting ticketed for phone use while driving in California adds one point to your driving record per offense.
These points stay active for 3 years from the conviction date. They can lead to larger insurance rate increases, especially if you rack up multiple points for repeat offenses.
If your total points reaches 4 or more in 12 months, 6 or more in 24 months, or 8 or more in 36 months, California’s DMV may suspend your driver’s license. For commercial drivers, the thresholds are 3 points in 12 months or 4 points in 24 months.
Insurance Rate Hikes
A phone use while driving ticket will also result in increased car insurance rates. Insurers view drivers who use phones behind the wheel as more likely to get into accidents.
In California, a single ticket for phone use can increase your insurance premiums by 15%-30% on average. But multiple tickets or an accident related to phone use can cause hikes of 100% or more.
High risk drivers with phone tickets may also be dropped by their insurer and be forced into more expensive high risk policies.
License Suspension for Phone Use
For commercial drivers, a single conviction of phone use while driving results in a 60-day driver’s license suspension.
Non-commercial teenage drivers face a 1-year delay in getting their full unrestricted driver’s license if convicted of phone use.
Otherwise, single convictions do not automatically suspend licenses for adult personal drivers. However, as mentioned multiple points from repeat offenses can lead to license suspension.
Financial Hardship Options
If you have difficulty paying the fines from a phone use ticket, you may be able to:
– Request an extension to pay over time
– Complete community service hours in lieu of payment
– Request a reduced payment through a financial hardship form
– Attend traffic school to mask the point on your record and potentially lower fines
However, the court will require significant proof of financial or medical hardship before reducing fines or penalties.
What Defenses Can Beat a Phone Ticket?
There are a few defenses you can raise to dispute a phone use ticket:
You Weren’t Actually Using the Phone
If you were incorrectly accused of using your phone while driving, you can present evidence like cell phone records showing no activity during the time of the ticket.
You Were Parked or Off the Road
California’s law only applies when driving on public roads. If you were stopped or pulled over with the vehicle off, you can beat the ticket.
Emergency Use
You’re allowed to use your phone for emergency purposes in any situation. This includes calls to law enforcement, medical providers, breakdown services, etc. Evidence the use was emergency-related can defeat the ticket.
GPS Device, Not a Phone
Dedicated GPS devices are not prohibited. If incorrectly identified as a phone, you can present the device and its records to show it wasn’t a standard mobile phone.
Hands-Free Use
Hands-free phone use with voice commands, dashboard mounts, etc. is permitted for adult drivers over 18. Evidence you were operating hands-free can beat the ticket.
Conclusion
Getting ticketed for phone use while driving in California costs around $285 for a first offense, with additional penalties for repeat offenses or if an accident occurs. Points on your driving record also lead to increased insurance rates and the risk of license suspension. The best way to avoid fines is to abstain from using your phone at all behind the wheel or restrict use to permitted hands-free options only if over 18. Knowing potential defenses like emergency use and proving hands-free operation can also help you fight a ticket if wrongly accused. With hefty fines and insurance hikes on the line, it’s safest to keep your phone out of reach when you’re on the road.