CALIFORNIA – The first California Wireless Communications Device Law took effect on January 1, 2008. That law made it an infraction to drive while talking on a cell phone without using a hands free device. The law is even stricter for drivers who are 18 years old or younger. That law pertaining to those 18 and under took effect on July 1, 2008, and made it unlawful teenage drivers to talk on the phone while driving, even with a hands free device. Most California drivers are aware of that law (whether they are now consistently obeying it or not). However, not as many drivers are familiar with the more recent cell phone laws.
The second Wireless Communications Device law took effect on January 1, 2009. That law makes it a traffic infraction to write, read, or send “text-based” communication on a wireless device while driving. “Text-based” communications include text messages, e-mails, and other popular messenger services, such as Blackberry Messenger. While the first set of wireless laws applies differently to those over and under 18, the more recent law applies equally to all drivers.
The fine for violating these laws is $20 for the first offense and $50 for all other violations. However, there are penalties that can be added that double and even triple that amount. Drivers should be aware of the details of the law so they can avoid the fines and the potentially horrifying consequences of a serious car accident caused by a distracted driver. Some quick points that drivers should know are:
- Drivers may use cell phones without a hands free device only when calling the police, the fire department, a medical provider or some other emergency services professional. For all other calls, driver must pull over or use a hands free device to place a call
- There is no grace period for these laws. Those who violate the law will be ticketed.
- The laws apply only to drivers, passengers are free to make and receive calls or send text messages.
- The law applies to everyone driving in California, regardless of what state their license is from.
- Drivers may use the speaker phone function on their phones as long as they are not holding their phones.
- The law allows drivers to enter a phone number while driving but drivers are strongly encouraged to find the name in an address book instead when possible
- Drivers may have an ear piece in one ear while driving, but never both. This applies to cell phone hands free devices as well as music players.
- There are no license points assessed for cell phone violations, but the violation will appear on the driver’s driving record.
Knowing and obeying the Wireless Communication Device laws is relatively simple and may save your life. Take a minute or two to learn them now to avoid tragedy later. If you have been the victim of a reckless driver either not apprised of or not obeying the cell phone laws, you may have been injured.
If you are the victim of an injury accident, you do not have to suffer alone. Berman & Riedel, LLP is a plaintiff’s personal injury law firm in San Diego, California. Our lawyers have a well-deserved reputation for excellence. If you would like to learn more about personal injury law, visit www.sandiego-personalinjurylaw.com. In addition, the lawyers at Berman & Riedel, LLP are here to schedule a case consultation with you to ensure your legal rights are protected. There is no charge for your initial meeting.
