Advice for a cell phone ticket?

April 8, 2023 2:20 AM

I recently was given a traffic ticket for using/holding my cell phone and texting on the road in CA, and am wondering about how best to proceed as well as the impact of this on insurance premiums.

For what it's worth, I never text and drive, and there were extenuating circumstances -- a call regarding a medical emergency in the ICU where I work that required my attention, and bluetooth not connecting due to technical issues, leading me to fumble with my phone while stopped at a light. I was on the way into the emergency, and was dressed in hospital gear with my work badge, but the officer wasn't hearing it. I know, I know...

I am considering contesting but that's going to be far more painful than paying the fine, and there's no guarantee of success. I have a perfect driving record for decades and this is my first offense. The citation is for VC 23123.5(A) in California.

My understanding is that no points are awarded to my DMV record for this first offense, which is good, but the potential impact if any on my insurance premiums is very murky in my reading. If this is going to hit my insurance (Geico) and cost me things like a good driver discount, it would probably cost me thousands of dollars over the next 3-5 years in premiums. If so, I'm inclined to fight it. Alternatively, though no points are awarded, I wonder if traffic school is an option that might save me from insurance hell.

Any thoughts, experience, or advice would be much appreciated on my options.

posted by anonymous to Law & Government (12 answers total)

So it wasn't California, but my experience is that clean driving records count for a lot. I hadn't even spoken to a traffic cop in 20 years when I got pulled over for speeding (in the middle of a zillion other cars...), and I wound up with a fine and court costs, but no points/insurance/anything like that.

If it's not going to add to the hardship, it might be worth finding the local lawyer to that municipality who deals with these all the time. They probably know the personalities, the statutes, and the wording.

FWIW, I know cops sometimes issue warnings instead of tickets, but sometimes the rules (or their boss' "rules") are less flexible; they just write the ticket and then the judge can....you know, judge....whether the ticket was warranted. A lot of additional hassle for somebody in your position, though; sorry you're dealing with it.
posted by adekllny at 6:37 AM on April 8, 2023

In CA the good driving discount is mandated by state law, and IIRC if you have no points on your record then they have to give you the discount. So a zero-point ticket due to a first time offense shouldn't affect your discount.
posted by muddgirl at 6:39 AM on April 8, 2023

One benefit of working with an actual insurance agent is then can help navigate through this decision.
posted by muddgirl at 6:44 AM on April 8, 2023

There may be a loophole


23123.
(a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.

but:

(c) This section does not apply to a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.
posted by yyz at 7:35 AM on April 8, 2023 [6 favorites]

Write up notes, go make your case to a judge, and it may work out in your favor. It's time-consuming, but doable.
posted by theora55 at 7:56 AM on April 8, 2023 [2 favorites]

Agreed, you need to explain your extenuating circumstance to the judge in Traffic Court. Show up wearing your scrubs and hospital badge.
posted by Rash at 8:29 AM on April 8, 2023 [2 favorites]

For whatever it's worth, I had a somewhat similar situation occur, though the details were different. I talked to the assistant district attorney, and he strongly advised me against arguing the case in front of the judge. He (the assistant DA) said that the judge is a hardass and is unlikely to rule in my favor. The assistant DA agreed to reduce the penalty to a non-moving violation, but I still had to pay a fine of $180. Still makes me angry to think about it. In any case, you might want to go to court and see what the assistant DA says, if that's an option in your jurisdiction.
posted by alex1965 at 8:30 AM on April 8, 2023 [1 favorite]

> traffic school is an option that might save me

Yes, it would. I too got a ticket in CA for cellphone use while driving, and it had no effects on insurance etc after doing traffic school, which is super easy to do online at home now.
posted by anadem at 9:31 AM on April 8, 2023

Unfortunately they've been reducing the infractions eligible for Traffic School redemption in California. If it's possible, the ticket states that option. If you choose it, you're admitting guilt and may have to pay a fine, but there'll be no increase in your insurance premium. And if you had a clean record previously, that might not happen anyway, even without Traffic School.
posted by Rash at 11:05 AM on April 8, 2023

I have plead not guilty to every (4?) traffic ticket I have gotten in my 40+ years of driving and to pretty much every parking ticket I ever received. I have never met a DA/ADA that was not willing to negotiate down to a fine and no points. The fine will be such that it goes 100% to the local municipality and not to the state. If you just pay the fine, the state gets some of it. That is their incentive, maximize local revenue. I actually went to trial on one ticket because there was no ADA with whom to negotiate. I looked up the law and researched possible defenses and technicalities. It was a small town in NY. I sort of won. He ended up finding me guilty with a fine of $5 and no points. The officer showed up and acted as the prosecuting attorney. Turns out that is not ok in NY so I brought that up. I asked a lot of questions about when the radar was calibrated and how. The officer had no idea. I have gotten a $10 parking ticket reduced to $4.99 (I refused to split it equally) just for showing up and negotiating.

It sounds like the the cite by yyz above about emergency calls, is a good defense and can be pursued at trial. Go yourself. Be confident. Know that it cannot get any worse than it is now, it can only get better.
posted by JohnnyGunn at 12:09 PM on April 8, 2023 [1 favorite]

The only way to know how it'd affect your insurance... is to ask your agent. Yes, Geico *does* have local agents.

There is an exception in there about emergency services professional, but only if they are in an authorize emergency vehicle, which you are not driving.

I'd show up in court and ask the judge to reduce it or dismiss it. If you want, you can ask TicketAssassin for advice. He asks for $25 donation (it's actually optional).
posted by kschang at 4:50 PM on April 8, 2023 [2 favorites]

You should talk to a traffic lawyer in that jurisdiction; ask your friends, family or coworkers who they use and then see if they'll do a free first consult over the phone. Many lawyers do this, esp if the potential client came from a referral; they'll spell out your options in an informed way (and later will also know which judges will be amenable to dismissal or pleading down and which are likely to be hardasses).

Then you can better decide if you want to handle it yourself or pay a professional to handle it for you.
posted by mediareport at 2:19 AM on April 9, 2023 [1 favorite]