Q&A for How to Fight a Cell Phone Ticket in California

Return to Full Article

Search
Add New Question
  • Question
    What if I was stopped at a red light and was just changing the music on my phone?
    Lahaina Araneta, JD
    Attorney at Law
    Lahaina Araneta, Esq. is an Immigration Attorney for Orange County, California with over 6 years of experience. She received her JD from Loyola Law School in 2012. In law school, she participated in the immigrant justice practicum and served as a volunteer with several nonprofit agencies.
    Attorney at Law
    Expert Answer
    If your phone was not being used in a hands-free manner, it is still illegal. A separate law prohibits texting or any other use of a wireless device while driving. However, the law contains exceptions for: emergency services professionals while operating an authorized emergency vehicle turning on or off a mounted GPS, so long as only one tap or swipe is required to do so (read more about the law as it applies to GPS), or using a manufacturer-installed system that’s embedded in the vehicle.
  • Question
    Do I need to attend traffic school for using a cell phone?
    Lahaina Araneta, JD
    Attorney at Law
    Lahaina Araneta, Esq. is an Immigration Attorney for Orange County, California with over 6 years of experience. She received her JD from Loyola Law School in 2012. In law school, she participated in the immigrant justice practicum and served as a volunteer with several nonprofit agencies.
    Attorney at Law
    Expert Answer
    Typically not, unless you were doing something else, like simultaneously driving erratically because of the phone use. There will be no points on your record for this ticket, thus there is no need for traffic school.
  • Question
    What if I was not on my cell phone?
    Lahaina Araneta, JD
    Attorney at Law
    Lahaina Araneta, Esq. is an Immigration Attorney for Orange County, California with over 6 years of experience. She received her JD from Loyola Law School in 2012. In law school, she participated in the immigrant justice practicum and served as a volunteer with several nonprofit agencies.
    Attorney at Law
    Expert Answer
    If you were not on the phone, then you haven't done anything wrong. You can fight the ticket per the instructions in the article.
  • Question
    What is the cost of a cell phone violation in Los Angeles?
    Lahaina Araneta, JD
    Attorney at Law
    Lahaina Araneta, Esq. is an Immigration Attorney for Orange County, California with over 6 years of experience. She received her JD from Loyola Law School in 2012. In law school, she participated in the immigrant justice practicum and served as a volunteer with several nonprofit agencies.
    Attorney at Law
    Expert Answer
    The total for a first violation will likely exceed $150, and a second or subsequent offense can cost over $250. A violation of the handheld cellphone ban will not count as a point on your driving record (California uses a "point system" for moving violations).
Ask a Question

      Return to Full Article