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I live in Amador County California and just received a ticket for using my cell while driving. All information I have seen says my fine should be only $20 but it is $88. Why is this?

As you are now likely aware the new California wireless telephone laws took effect July 1, 2008. Talking on the cell phone without a hands free device has been found to be a distraction and cause of accidents so many states such as California and New York are putting laws in place in which drivers must now use a hands free device or pull over to speak on their mobile phone.

There were 2 wireless communication laws that went into effect in July 2008. The first law prohibits all drivers from using a handheld wireless telephone while operating a motor vehicle, (California Vehicle Code [VC] 23123). Motorists 18 and over may use a "hands-free device." The second law prohibits drivers under the age of 18 from using a wireless telephone or hands-free device while operating a motor vehicle (VC 23124). These laws only apply to the person driving a motor vehicle.

Remember talking on your cell phone when it is prohibited is a primary offense and thus a law enforcement officer can pull you over just for this infraction. The law does allow though a driver to use a wireless telephone to make emergency calls to a law enforcement agency, a medical provider, the fire department, or other emergency services agency

The California Department of Motor Vehicles notes that the base fine for the FIRST offense is $20 and $50 for subsequent convictions. With the addition of penalty assessments, the fine can be more than triple the base fine amount.

So while the base fine of talking on your cell phone while driving in California may be $20 but as you have now learned as with most all tickets in CA there are additional costs added to the base fine amount. There are state and county fees typically as well as court costs to process the ticket and thus a ticket can easily be double or in as in this case 4 times the base fine amount.

It really depends upon the county in which you are issued the ticket as to how much the total amount will be. For example driving without seat belt also comes with a $20 fine but can end up costing anywhere from $75 to $95 usually once all fess and additional costs are added in. The court listed on the ticket should be able to give you a break down of the fees and costs over the base fine of $20.

Keep in mind these new "cell phone" laws are reportable offense; however, the CA DMV will not assign a violation point.

There are also new laws regarding texting while driving going into effect soon in California. Starting January 1, 2009 a new law will go into effect where writing, sending, or reading a text-based communication while driving will be against the law for all drivers in California.

This new law applies to electronic wireless communications devices used to manually communicate with any person using text-based communication, including, but not limited to, communications referred to as a text message, instant message, or electronic mail.

Violating this law is also punishable by a base fine of $20 for a first offense and $50 for each subsequent offense. With the addition of penalty assessments, fines can be more than triple the base fine amount.

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This car insurance question was asked on 10/10/2008
This auto insurance answer was last updated on 10/17/2008
Cameron Ch requested this car insurance solution.
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