Bigger & Harman - November 2022

I Received an Electronic Device Violation

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Previous laws in California stated that drivers would receive a ticket if they were caught making a phone call or texting while driving. But in 2017, a new law went into effect in California that cracks down heavily on cellphone use while driving. For both commercial and non-commercial drivers, you may receive a citation if you’re caught holding a cell phone while driving. Then, in July 2021, CA Assembly Bill 47 went into effect. What Penalties Could I Face? HOW DOES AB-47 AFFECT YOU IF YOU’RE CAUGHT HOLDING A PHONE WHILE DRIVING? If you have one electronic device violation, you’re required to pay a $162 fine. But luckily, you won’t receive any points on your license for your first offense. While your first offense has lighter penalties and you can still obtain your discount, don’t take it for granted. Your insurance may raise your rates for a cell phone violation even if you do not receive a point. Paying the fine could box you and your attorney into a corner if you receive a second allegation. If your second texting and driving charge can’t be dismissed or reduced, your insurance cost will increase exponentially and you will lose your “good driver’s discount.” But losing your discount isn’t the only hindrance. With AB-47 effect, your insurance can increase by 45% for three years if you receive a second electronic device violation. The average cost for insurance is $1,708, but with a second citation, insurance rates bump to $2,484. But commercial drivers face additional consequences. Under federal rules, a cell phone violation is considered a serious violation. If two serious violations occur within a year, a trucker faces a 60 day mandatory driver’s license suspension. A professional driver has to fight every cell phone violation or risk their livelihood. While some drivers are not happy with the 2017 law and AB-47, it aims to keep people safe while on the road. Fifty-nine percent of California drivers stated they were hit or almost hit by another driver on their phones. These laws act as a deterrent to persuade drivers not to use their phones while driving or invest in a “hands-free” device.

“Commit to the Lord whatever you do, and he will establish your plans.” PROVERBS 3:16

If you or someone you know is facing a traffic ticket, please allow Bigger and Harman to assist you! We have your back!

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