Using a Cell Phone While Driving in California

October 8, 2008

Just over three months ago, California started prohibiting the use of cell phones while driving. However, the law allowed drivers 18 and over to use a cell phone provided that they also used a hands-free device. So, I was quite surprised to see other drivers talking on cell phones these past few days. You can’t miss the unmistakeable sign: right hand glued to the right ear while driving. This morning, Palo Alto Online reported that the CHP had cited over 20,000 drivers for talking on a cell phone. Although the base fine is $20, the DMV states that “[w]ith the addition of penalty assessments, the fine can be more than triple the base fine amount.” In these times of financial crisis, we can thank our fellow drivers for chipping in an extra $400,000 – $1,200,000 to help out the state.

{ 5 comments… read them below or add one }

jlex October 14, 2008 at 9:40 pm

one of the upside for violating the law… if there be any. but seriously, it’s a good sign that we are seriously implementing the law regarding this seemingly harmless act of using mobile phones while driving. harmless, that is, until you figure in a vehicle mishap. kudos to our law enforcers!

John Perry April 28, 2009 at 3:49 pm

I recently was issued a traffic ticket for using a cell phone. I asked the officer approx how much the fine would be. His reply was that he did not know but thought the DMV receives approx $21.00 of the fine amount. I was informed by the Riverside Courts that the fine is approx $175.00 or so – the clerk was not certain. That means that the “additional fine assesments” are approx $150,00. I was wondering if anyone knows just where all that extra money is going???

Bud Ftacek August 24, 2009 at 3:18 pm

I received a ticket for using a cell phone while driving . I honestly thought the police stopped enforcing it because everywhere I look there is someone on a cell phone driving by. the officer told me the fine is only $25.00. I received a courtesy notice from court and the fine is $127.00 . After trying to find out why, all I can find is that the state says the county may tack on their own “penalty assessments”.No wonder the state is in trouble – even the counties are screwing them and us out of $$$.

Eugene Falik September 15, 2009 at 1:38 pm

I would think that 47USC333 is the relevant law. It prohibits interference with “licensed uses” and of course cell phones are such licensed uses. The question on supremacy is addressed in City of Burbank v. Lockheed Air Terminal and American Airlines v. Town of Hempstead.

Matt Cuuningham October 3, 2009 at 12:48 pm

I was pulled over in Burbank, CA. for using my cell phone while driving. The officer told me it was not a violation that would affect my license. I looked up the fine for a first time offender and found it to be $20.00. However, I received a notice today for $141.00 bail and to contact the court for traffic school eligibility.

Shame they don’t give tickets for changing lanes or turning without the use of turn signals, why would they? the Police don’t even use turn signals!

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