Texting, talking, or sending emails while driving remains one of the biggest safety concerns on the road. According California’s 2012 annual “Statewide Traffic Safety Survey,” 60% of drivers in California have been hit or nearly hit by another person who was texting or talking on their cell phone while driving. Equally alarming is the fact that nearly 45% of California drivers admit to driver error as a result of using a cell phone when behind the wheel. As a result of these surprising statistics, the State of California has taken significant measures to reduce the prevalence of distracted driving-related accidents. Specifically, the first two laws ban drivers from using handheld cell phones and also, prohibit drivers who are eighteen years or younger from using hands-free devices while operating a vehicle. The third law prohibits sending text messages while driving. For additional information on California’s cellular phone laws, you can visit the California Department of Motor Vehicles’ website.
California Cellular Phone Laws Explained
California, along with several other states, has enacted laws prohibiting the use of handheld cellular phones while driving. The first law, California Vehicle Code [VC] §23123, specifically forbids people from operating a vehicle while using a handheld phone however, passengers are not subject to said restriction. Additionally, all drivers, whether they be residents of the State or not, are held to the same standard. The only exceptions to this law is that people can use their handheld devices to call for emergency assistance, place calls while operating an official emergency vehicle, or, use their phones while operating vehicles on their privately owned land.
If a person is caught violating the handheld cell phone law, the first fine that can be imposed is $76.00, while a second violation costs $190.00. Although a traffic violation (i.e., moving violation) can amount to points assessed against your driver’s license, a violation of the aforesaid law does not count as a point. Keep in mind that a California police officer has the right to pull you over and give you a ticket for failing to adhere to the law.
As for California’s second law, California Vehicle Code [VC] §23123.5, it places certain restrictions on the use of hands-free devices, which differ based upon the age of driver. Specifically, for California drivers aged eighteen or older, hands-free devices such as Bluetooth, speakerphones or ear pieces are allowed however, earpieces cannot be used to cover both ears. Drivers can dial their phones while driving however, they are strongly urged to pull over or stop before doing so.
For drivers less than eighteen, they are not allowed to use a cell phone under any circumstances unless due to an emergency. If someone under the age of eighteen is caught using a cell phone, the fine for a first offense is $76.00, which a second violation costing $190.00. Moreover, the prohibition against the use of hands-free devices in minor drivers constitutes a secondary offense, meaning that a police officer must have another independent and legally legitimate reason for pulling you over. In other words, if a teen is caught driving while using a cell phone, they cannot be pulled over for said infraction unless they violated another law, such as failing to use their turn signal, etc.
Lastly, the third law in California pertains to the prohibition imposed on texting while driving (California Vehicle Code [VC] §23124. If you are caught texting, writing emails, or reading texts while driving, you can be imposed a $20.00 fine initially, and $50.00 for each subsequently imposed violation.
As evident from the foregoing, the State of California has recognized the importance of restricting people’s usage of cell phones while driving. With nearly 25% of accidents in the Unites States caused by distracted drivers, the State of California realized that it had to take some serious and proactive measures to protect drivers within its borders. The hope is that all states follow in California’s footsteps, as the use of cell phones while driving can lead to life threatening and sometimes fatal injuries.
Contact the Skolnick Law Group Now for the Personal Attention You Deserve!
If you or someone you know has been injured by a distracted driver in California, it is crucial that you hire an attorney experienced in handling these types of cases. At the Skolnick Law Group, we will fight tirelessly for the compensation you deserve. We will also take the time necessary to answer all of your questions, guide you through the legal process, and assist you in making informed decisions about your case. We serve clients in Carlsbad, Encinitas, Vista, Oceanside, San Marcos and throughout North County San Diego. To learn more about the firm’s comprehensive legal services, contact us at (760) 405-4397, or, feel free to visit us online to schedule your free and completely confidential initial consultation. We have evening and weekend appointments available, and will also visit you at home in the event you can’t come to us. Don’t wait – give us a call now for the personal attention and aggressive representation you need.