Bigger & Harman, APC - January 2020

PUT DOWN THE PHONE DISTRACTED DRIVING IS NOT WORTH THE RISK

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MISSION:

To protect the poor from violence by rescuing victims, bringing the criminals to justice, restoring survivors to safety and strength, and helping local law enforcement build a safe future that lasts. Our long-term vision is to rescue millions, protect half a billion, and make justice for the poor unstoppable.

We live in an increasingly online world, making phones and other smart devices invaluable to keep us in the know. Whether you want to keep up a conversation with a loved one or update a coworker on your ETA, it can be tempting to send a quick text while on the road. But doing so can get you in serious legal trouble, or worse. WHAT’S LEGAL AND WHAT’S NOT How much phone use qualifies as distracted driving? Well, according to the CA Vehicle Code, a communication device can be used if mounted and intended for hands-free or voice-activated control. You’re allowed to use the device “with the motion of a single swipe or tap of the driver’s finger.” Any more contact will result in a ticket. WHAT COMMERCIAL DRIVERS SHOULD KNOW Class A Drivers should be even more aware of consequences for a cell phone ticket. A cell phone violation for a commercial driver is considered a serious offense even though it does not carry a point. Two serious offenses on your record activates an automatic 60 day suspension. WHAT’S AT STAKE On the surface, California’s penalty for illegal cellphone use while driving may seem small. First-time offenders face a base fine of $20 — but, when you add in the county and state penalties, surcharges, and fees, the amount is closer to $160. Subsequent offenses will cost you even more. Of course, these fines are far from the worst-case scenario. According to the National Safety Council, 1 out of 4 car accidents in the United States is caused by texting and driving. Don’t take the risk— save a life. Fighting a distracted driving ticket is difficult, usually requiring irrefutable evidence that you were not using or even holding your phone. However, in certain situations, such as when you might be named responsible for an accident, disputing the charge may be worth it. Consulting a qualified traffic attorney will help you understand your legal options.

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