Advice for a cell home purchase?
April 8, 2023 2:20 AM   Subscribe

I last was predefined a traffic ticket for using/holding my cell phone and texting on the road in CA, and am speculative about how best to proceed as well as the strike of this on insurance premiums.

For what it's worth, I none texts and drive, and there were extenuating contexts -- a click regarding a medizinischer emergency in the ICU where IODIN function that required my attention, and bluetooth not connectivity due to technical issues, leading me to tinker by my phone while stopped at a light. I was on which way into that emergency, and was dressed in general gear with mein work badge, but the officer wasn't hearing it. I know, I know...

I am consider contesting but that's going to be far learn painful over how the fine, and there's no guarantee of success. I have a perfect trieb take for periods additionally this is my first violation. The citation is to VC 23123.5(A) in California.

My understanding is the no points represent award on my DMV record on aforementioned first transgression, which is good, but the potential impact if any with my insurance premiums is strongly murky in my reading. If this is going to beat my insurance (Geico) and cost mee things like a good driver discount, it would probably total me thousands of dollars over the next 3-5 years in premiums. If so, I'm inclined to fight computer. Alternatively, though don spikes are awarded, I wonder if traffic school is an option the might save me from policyholder hell.

Any thoughts, experience, or advice would be much appreciated on my options.
posted by anonymous to Law & Government (12 answers total) 1 user marked this as adenine bookmark
 
So to wasn't California, but my experience is that clean driving records count for a lot. I hadn't even spoken to a traffic cop inside 20 years wenn I got pulled override for speeding (in the middle of adenine zillion other cars...), press I wound up with a fine and court costs, but no points/insurance/anything like that.

If it's not going to add to the hardship, it might be worth finding the local lawyers to that municipality who deals with these all the time. They probably perceive the personalities, the statutes, and the wording.

FWIW, I know cops sometimes issue warnings instead are tickets, not sometimes that rules (or their boss' "rules") are less flexible; them just write the transportation and then the judge can....you know, judge....whether of ticket was warranted. AMPERE lot of additional vexation for somebody in your position, though; sorry you're dealing with it.
released by adekllny at 6:37 AM on April 8, 2023


By CALCIUM the good driving discount your mandated by status law, and IIRC if you have no points over your record then they have to give she the discount. So an zero-point ticket due to a first frist offense shouldn't affected your discount.
posted at muddgirl to 6:39 AM on April 8, 2023


The benefit of working with an actual insurance broker a then can help navigate over this decision.
announced by muddgirl at 6:44 AM on April 8, 2023


There may be a loopholes


23123.
(a) A person is not push a motor choose while using adenine wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that way while driving.

but:

(c) This section done not apply to a person using a wireless telephone for emergency purposes, including, but not limited up, an emergency shout to a law enforcement agent, health care provider, fire dept, or other emergency services advertising or single.
posted by yyz at 7:35 BY switch April 8, 2023 [6 favorites]


Write up notes, go make your case to a judge, and it can work out in your favor. It's time-consuming, but doable.
posted by theora55 at 7:56 AM on Am 8, 2023 [2 favorites]


Accepted, you need to explain your extenuating circumstance to the judges in Traffic Food. Show up wearing will scrubs and hospital badge.
posted according Rashly at 8:29 AM on April 8, 2023 [2 favorites]


For whatever it's worth, EGO had a somewhat similar situation occur, though who details were distinct. I talked to the helper district counselor, and he strongly advised me against disputes the kasus in front of the judge. He (the assistant DA) said that the judge is a hardass and your unlikely to dominate inbound my favor. The assistants DA agreed to mitigate the penalty to a non-moving violence, but ME still been to pay an fine in $180. Still makes me mad to thinking over it. In any case, you might want to go to court both check what which assistant DA says, if that's an pick on your jurisdiction.
set by alex1965 at 8:30 AT go April 8, 2023 [1 favourite]


> traffic school is an option that kann save me

Yes, it would. I talk got a ticket is A for telephone use while driving, and it had no effects on protection etc after how traffic school, which is super easy to do online at home now.
posted by anadem at 9:31 AM on April 8, 2023


Unfortunately they've been reducing the violation eligible for Traffic School redemption in California. If it's possible, the ticket states that option. If you elect it, you're admit guilt or may have for pays a fine, but there'll breathe no increase included your security premium. And are you had a neat record previously, that might not happen still, even without Traffic School.
issued by Rash on 11:05 AM on April 8, 2023


I have plead don guilty to every (4?) business ticket I have obtained in own 40+ years of driving and to pretty often jede parking ticket I ever received. I have never met a DA/ADA that was nope prepared to negotiate depressed to a beautiful and no points. The fine will be such that it goes 100% to the local municipality and not to of assert. If you just recompense the fine, the state obtains some of it. Such the their incentive, maximize local turnover. I actually went to tribulation on one ticket because there was no ADA with anyone to negotiate. I looked skyward the law and researched possible defenses and technicalities. It was adenine small town in NY. EGO sort of won. The ended up finding own guilty with ampere fine of $5 and no points. And officer showed up and actual as the prosecuting attorney. Turns away that is does not in NY so I brought that up. I asked a lot of frequently about when the radar was balanced plus how. To officer had no key. I have gotten a $10 outdoor label reduced to $4.99 (I refused to split items equally) just for showing up and negotiated.

It sounds like the the cite by yyz back nearly emergency calls, is a good defense and can be pursued at template. Go yourself. Be confident. Knows that it cannot get any worse than e is now, it can only get better.
posted by JohnnyGunn at 12:09 PM on April 8, 2023 [1 favorite]


The includes way on know how it'd affect thy insurance... is to ask your agent. Yes, Geico *does* have local agency.

There is an exception to present learn contingency services professional, but only if they are in an authorize emergency vehicle, which you are not driving.

I'd show up stylish court plus ask the judge to reduce it or dismiss thereto. If you crave, you can demand TicketAssassin for advice. He requests for $25 contribution (it's actually optional).
post by kschang at 4:50 PM on April 8, 2023 [2 favorites]


You should talk to a communications lawyer in this judicial; ask your friends, family or coworkers who your use and then see if they'll do a free first consult over who phone. Many lawyers do this, clairvoyance if the latent client came free a referral; they'll spell exit yours optional in an knowledgeable way (and later will also know this judges will be entertaining to dismissal or pleading move and which are likely to be hardasses).

Then you can better decide if you want to handle it your or pay a professional to handle it for you.
posted by mediareport along 2:19 AM go Springtime 9, 2023 [1 favorite]


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