What is going to happen since I was pulled over and given a traffic infraction for using my cell phone while driving in CA?

San Francisco, CA Viewed 72 times. Posted about 1 month ago in Speeding / Traffic Ticket

I was pulled over and given a traffic infraction and notice to appear in court. The citation was CVC 23123a. Will a point be added to my record? If so, is there a way to erase the point? And I had a point added to my record in July so that only makes matters worse I'm sure... I'm a 17 year-old high school senior. That won't help my case either huh? What if it was because my headset broke about 5 minutes before I was pulled over and I was getting off of the phone? Well I doubt the court would believe that.

Thanks to anyone who can help. It's greatly appreciated.

Answers (1)

Brian Neal Gurwitz

This attorney is licensed in California. Posted about 1 month ago.

You can be fined a maximum of $20, with the addition of penalty assessments on top of that. The total amount will be around $60 or so.

The DMV does not add a point for this violation.

The fact that your device broke shortly before the offense is not a defense.

An interesting note is that minors (<18 years old) are not permitted to drive while speaking on the cellphone, even with a handsfree device. This is set forth in Vehicle Code section 23124.

Good luck and drive safely,

Brian Gurwitz, Criminal Defense Attorney in Orange County, CA

Related Speeding / Traffic Ticket questions

WA state speeding and traffic ticket laws, contesting suspended license due to driving in HOV lane ticket - I got a ticket for driving in the HOV late 2.5 years ago and I sent in a check, I don't... more
2 answers. Bellevue, WA. Viewed 2,427 times. Posted about 1 year ago in Speeding / Traffic Ticket

what are my rights after receiving a ticket for talking on my cell phone while driving - I recieved a ticket from a Hwy Patrol for talking on my cell phone (it's a new CA law), and the officer told... more
5 answers. Los Angeles, CA. Viewed 913 times. Posted 11 months ago in Speeding / Traffic Ticket

What can I do to contest a speeding ticket that I had paid over 15 years ago? - It is now 2008. Back in december 1994 I received some tickets on the long island espressway. I was definitely guilty... more
2 answers. Hickory, NC. Viewed 804 times. Posted about 1 year ago in Speeding / Traffic Ticket