Is It Illegal to Text at a Red Light?

Man texting at a red light.

Is It Illegal to Text at a Red Light?

Our phones have become a big part of our daily lives. This is in large part due to the fast-paced technological landscape in which we live. Unfortunately, many people can’t put their phones down long enough to drive from one place to another. In fact, more than one in four car accidents involve at least one individual using their phone. From searching Google to sending a text message, the dangerous and illegal practice of texting while driving has become a pervasive epidemic of sorts. We know that it is illegal to text while driving, but is it illegal to text at a red light?

Texting at a Red Light in California

Since 2009, California has followed specific laws concerning texting and driving. The Wireless Communications Device Law says that it is illegal to read, write, or send text messages while behind the wheel. This law includes while at a red light – if you are the one behind the wheel. Additionally, the Handheld Wireless Telephone Laws, in effect since 2008, further clarifies that the only time that a driver may use a wireless phone while driving is if it is for emergency services. Although hands-free devices are allowed, the driver must be at least 18 years of age.

Many Traffic Judges wrongly put it this way:  If you are behind the steering wheel of a vehicle in a lane of traffic (that means not lawfully parked), then you may not have a cell telephone/mobile device in your hand.  Of course, the Vehicle Code requires the additional element that many Traffic Judges chose to ignore: the driver must be “operating the mobile device” for it to be a violation.  

It is also important to note that the use of Bluetooth or a similar earpiece while driving is legal in California, so long as you do not cover both of your ears; you are expected to be able to hear emergency vehicles or any other important sounds around you. Although push to talk features used to be considered acceptable, as of 2011 they are only considered to be legal if used in conjunction with a hands-free earpiece of another hands-free device. 

When someone fails to follow the law and is caught in the act, they will be faced with financial penalties. Although a first offense for using the phone while driving is just $20, subsequent offenses are a minimum of $50. When combined with penalty assessments, a driver can end up paying three times the base amount of the fine. 

Can I Fight My Traffic Ticket?

If you have been issued a ticket for texting while driving, the consequences can be quite severe. Not only could you face high fines and points on your license, but also you can ultimately even risk license suspension for your actions. A traffic ticket can impact your life in many different ways. If you are issued a ticket for texting while driving, it is imperative that you fight the charges in order to avoid the related consequences. 

The Cheap Traffic Attorneys Help Those in California Who Have Been Ticketed for Distracted Driving 

When arguing your case it is in your best interest to consult with a knowledgeable and experienced California traffic ticket attorney who has helped other clients who have allegedly used their cell phone or texted while driving. 

The Cheap Traffic Attorneys have your best interest at heart and will work hard in an effort to get your ticket dismissed. To learn more about how we can help or to schedule a consultation, visit us online or contact us today!

Police officer pulling someone over for a traffic violation.

Study Finds There May Be More to Traffic Tickets Than Breaking the Law

Have you ever felt as though you were targeted for a ticket based upon how you look? If so, you may just be right. According to a study published in the March 2019 SAGE journal, it was determined that cities with a larger black population depend upon fines for revenue, fining residents more on a per capita basis. According to the study, which examined race, representation, and revenue, a one percent increase among the black population equated to a five percent increase in per capita revenue from fines, as well as a one percent increase in the share of total revenue. 

The study examined how these fines varied on the amount of crime and the level of public safety, budgetary stress, and racial composition of both the law enforcement agency and the population. Looking at a sample of 93 cities in California from 2009 to 2014, it was found that cities that appeared to rely the most on fines for revenue had among the highest number of black residents and a law enforcement presence whiter than its community. In fact, black drivers are 20 percent more likely to be ticketed when pulled over for speeding than white drivers.

Incentives

One of the reasons for these findings has to do with traffic tickets and civil asset forfeiture, as these impact law enforcement behavior. In much of the same manner, government agencies that better represent the gender and racial makeup of their communities proved a decrease in the number of undesirable outcomes. 

Unfortunately, it is of little surprise that many studies have found minority residents and communities of color more regularly receive punishment for their actions than their white counterparts. Additionally, cities with a black population of at least 10 percent that were served by a disproportionately whiter law enforcement presence rely 60 percent more on fines as a source of revenue. 

Policing for Profit

One option for decreasing these negative findings is to eliminate the incentives currently in existence for law enforcement to bring in ticketing revenue. This situation, commonly referred to as “policing for profit,” takes the money made from these tickets and puts it back into the budget of law enforcement. Additionally, other things that can be considered to help the situation include taking state money and redistributing it locally, or electing more people of color and more ethnic minorities into important positions. 

It is extremely important to clarify that this does not mean that all law enforcement is racist. This is certainly not the case. However, what it does mean is that the data proves a correlation between race and traffic ticketing. 

The Cheap Traffic Attorneys Help Those in California Who Have Been Issued a Traffic Ticket

The Cheap Traffic Attorneys’ skilled Traffic Ticket Attorneys have the knowledge and experience to help individuals dealing with a criminal traffic violation. If you believe that you have been issued a ticket on the basis of race or another protected class, it is in your best interest to consult with a knowledgeable and experienced traffic ticket attorney. The California traffic ticket attorneys at Cheap Traffic Attorneys can help. To learn more or to schedule a consultation, contact us today!

Cheap Traffic Attorneys discusses whether or not AI-powered cameras can be used to reduce distracted driving.

Could AI-Powered Cameras Help Reduce Distracted Driving?

According to the National Highway Traffic Safety Administration, in 2017 alone, distracted driving claimed the lives of 3,166 people. Distracted driving includes any activity that takes the driver’s attention away from the act of driving. This includes anything from eating and drinking to looking at navigation, to putting on makeup or texting. 

Think it’s harmless? Think again. Sending or reading a text message takes approximately five seconds, which at 55 mph equates to driving the length of a football field with your eyes closed. According to Acusensus, an Australian AI company, AI-powered cameras may just be the solution. 

Snapping a Picture with AI-powered cameras

Acusensus believes it has the answer to help reduce – if not eliminate – distracted driving. At the 2019 International Conference on Urban Traffic Safety in Edmonton, Canada, Acusensus, pitched the idea to implement their plan to use Artificial Intelligence (AI) to locate distracted drivers in Canada, North America, and more countries. 

Acusensus would use AI-powered cameras, installed similar to photo radar, on the side of or above the road to take high-resolution pictures of each and every vehicle that passes by. Through AI the system is then able to look at these pictures in order to determine which drivers are on their phones in some capacity. 

Looking to Improve Safety

According to the company’s founder, Alexander Jannink, the company’s main purpose is to initiate measures that will reduce the number of traffic injuries and fatalities that are caused by distracted driving practices.  “We really encourage the community to be behind these kinds of initiatives so that you can have more confidence that you can get home safely,” he said. 

Unfortunate, this is no minor problem. In fact, according to CBC News reports, in 2016 distracted driving contributed to 21 percent of all fatal collisions across Canada. According to the same report, most of these distracted driving offenses involved a cell phone or other electronic device. 

AI-Powered Cameras and The Right to Privacy

One of the biggest concerns facing this new technology is how it will impact one’s legal right to privacy. But according to Acusensus, when the AI does not detect a distracted driver it immediately deletes the photo. Alternately, if it does identify a distracted driver, it immediately encrypts the image before sending it to the authorities, which would then ticket the driver. Yet the debate as to whether this practice should be allowed still remains. 

The CheapTrafficAttorneys Help Those in California Who Have Been Ticketed for Distracted Driving 

When arguing your case it is in your best interest to consult with a knowledgeable and experienced California traffic ticket attorney who has helped other clients who have allegedly used their cell phone or texted while driving. 

The Cheap Traffic Attorneys have your best interest at heart and will work hard in an effort to get your ticket dismissed. To learn more about how we can help or to schedule a consultation, visit us online or contact us today!

Driver with CDL suspension on a highway..

You’ve Received A Commercial Driver’s License Suspension: Now What?

California State requires anyone driving a vehicle weighing over 26,001 pounds, excluding trailers, hauling trailers that weigh more than 10,000 pounds, vehicles accommodating 16 or more passengers, including buses, and any vehicle used to transport materials that are hazardous to first obtain a Commercial Driver’s License (CDL) if they are being used for commercial or business purposes. For truck and other professional drivers, a commercial driver’s license is a necessity; it allows them to make a living. Because of this, a professional driver must act quickly if their commercial driver’s license is at risk for a suspension. If you have a CDL suspension, you will be unable to perform the main duties of your job, which can therefore also be at risk. 

Why Might I Get a CDL Suspension?

There are various reasons as to why a professional driver may face fines, traffic charges, or even license suspension. These factors include:

  • Alcohol or drug-related offenses
  • Carrying cargo weighing more than the limit
  • Driving without insurance
  • Failure to stop at weigh stations
  • Habitual traffic violations
  • Logbook violations
  • Safety regulation violations
  • Speeding
  • Traffic violations while driving a personal vehicle

“Serious Traffic Violations”

If a commercial driver has been convicted of two “serious traffic violations” on separate occasions, within a period of three years, while operating a commercial vehicle, he or she may lose their license for up to 60 days. Furthermore, if a commercial driver has been convicted of three serious traffic violations within a period of three years, that suspension will be increased to 120 days.

It is important to note that these license suspensions are applicable regardless of where the violations take place – inside or outside of California. “Serious traffic violations” for commercial drivers include:

  • Driving a commercial vehicle without a CDL
  • Speeding by a minimum of 15 miles over the limit
  • Tailgating
  • Traffic violations involving fatalities
  • Unsafe lane changes

Aggravated Offenses

A commercial driver can lose his or her license for a period of one year (or three years if transporting hazardous materials at the time) if they commit one of the following offenses:

  • Driving a commercial vehicle with a blood-alcohol level of .04% or higher
  • Using the vehicle to commit a felony
  • Leaving the scene of an accident
  • Refusing to blood alcohol testing
  • Operating a commercial vehicle with a CDL that is either suspended or revoked

The Cheap Traffic Attorneys Help Those in California Who Are Facing a CDL Suspension

Since the suspension or revocation of a CDL can have a major effect on your financial health due to inability to make a living, it is quite imperative that you speak with an experienced and knowledgeable California Commercial Ticket Attorney who will represent you aggressively in order to protect your license and therefore your livelihood. 

The Cheap Traffic Attorneys’ skilled Traffic Ticket Attorneys have the experience with assisting commercial drivers dealing with potential points on their licenses, fines, and penalties. If you are looking at a potential suspension or revocation of your CDL, Cheap Traffic Attorneys can help. To learn more or to schedule a consultation, contact us today!

Cheap Traffic Attorneys discusses the consequences of a California Roll, otherwise known as a rolling stop.

What Exactly Is a “California Roll”?

On the coast of California, one of the most common traffic offenses is the “California Roll,” or as it’s known in other places, a rolling stop. A “California Roll” occurs when a driver fails to come to a complete stop, with all wheels remaining stationary at a stop sign or flashing red traffic light. 

Rolling stops are extremely common since they sometimes seem excessive when you have clear visibility and can see that no one is coming from any other direction. They also commonly occur due to drivers being in a hurry or even not realizing that they failed to come to a complete stop. 

What Are the Consequences of Committing a California Roll?

The consequences of performing a rolling stop can be quite impactful. A ticket for a California Roll violation may result in a $238 fine and up to one point on your California driver’s license, which would then automatically be reported to your insurance company. 

When insurance companies are informed as to any incurred points on your record, your insurance premiums tend to greatly increase, costing you even more money. In fact, according to Forbes, these rates could increase by up to as much as 19 percent in such a situation. So although it may at first seem unnecessary to obtain an attorney simply for a ticket, it is often well worth it in the long run, as you will likely end up spending less money all told. 

How Can You Combat a Rolling Stop Violation?

There are a couple of different options for combating a rolling stop violation ticket. One such option is to go to traffic school. Those attending traffic school must take up 8 hours of their time and pass a test at the end to keep a violation off of his or her record altogether. 

Though traffic school can be effective, often the most effective solution is simply to hire a traffic attorney, who has the knowledge and experience necessary in order to know how to best go about getting your penalty reduced or ticket dismissed. These legal professionals understand the procedures involved with such a fight as well as what may be necessary to convince a court that there has not been enough evidence of a violation to uphold the ticket.  There are many requirements of a Stop Sign violation under California Vehicle Code section 22450a and the attorney may be able to use one of those requirements to your favor to dismiss your case.

The Cheap Traffic Attorneys Help Those in California Who Have Received a Traffic Ticket

At the Cheap Traffic Attorneys, we understand the significance that receiving such a ticket can have on your life and will work to minimize the consequences in any way possible. If you or a loved one has received a ticket for a California Roll violation, we can help. To learn more or to schedule a consultation with one of our attorneys, visit us online or contact us today!

Cheap Traffic Attorneys discuss moving violations in Los Angeles.

What to Know About Moving Violations in Los Angeles

In California, drivers who are charged with a moving violation receive points on their license through the DMV. The number of points received is dependent upon the severity of the violation. Minor violations such as failing to stop at a stop sign, speeding (in most cases), and driving in a bike lane generally cost motorists one point, while other violations such as reckless driving or driving under the influence (DUI) may justify two. 

Some examples of moving violations in California are the following:

  • Speeding: one point
  • Speeding over 100 miles an hour: two points
  • Driving with a suspended license: two points
  • Running a red light: one point

Receiving a Negligent Operator Suspension

If a motorist receives four points within a single year or eight points within three years, he or she will receive a license suspension for up to six months. Commercial drivers, on the other hand, are entitled to a higher point count before they are labeled as such. This is called a Negligent Operator Suspension. Points also affect your wallet. Those with points generally face higher auto insurance payments. Sometimes even just one point on your driving record can cause your insurance premium to double.

The Importance of Defending Yourself

It is important to remember that before the DMV may legally suspend your license, you are entitled to a hearing with them in order to share your side of the story in order to prevent these consequences from occurring. It is wise to consult with a California traffic attorney who can represent you in an attempt to prevent or lower the length of your driver’s license suspension, or from being suspended altogether. A traffic attorney can help you to prove either of these scenarios as well as help to prove other factors, such as whether or not you spend significantly more time on the road than the average driver, that the DMV will then take into consideration regarding your right to drive. That is why it is in your best interest to consult with a knowledgeable and experienced California traffic attorney.

The Cheap Traffic Attorneys Help Those in CA Who Have Received a Moving Violation

The lawyers at Cheap Traffic Attorneys understand the consequences that receiving points on your driving record can have on your life. Losing both your money from paying fines, as well as your driving privileges, should your license be suspended can affect everything from your ability to pay your bills, to how you get to work (to make money to pay your bills). We will fight for you to get the results that you deserve. To learn more or to schedule a consultation, visit us online or call us at 310-945-5655 today!

Newly Proposed CA Law Could Increase Penalties for Texting While Driving

In a classic case of “legislative creep,” the California legislature is about to make cell telephone and texting and driving violations result in a point on your driver’s license.  Back in 2005-2006, when California’s “hands-free” law was enacted, the politicians sold it to the public by saying to the effect of, “Well it is not a point violation, so it is like a parking ticket. Just pay the fine and it is finished.”

Fast forward through 12 years of insurance industry lobbying and here comes California Assembly Bill 47 (AB 47).

This newly proposed state law could have a much bigger impact on offenders, affecting someone’s driving record for quite a few years. And the auto insurance industry could not be happier.

The Impact of Assembly Bill 47

The proposed law, Assembly Bill 47, which is sponsored by Rep. Jim Frazier (D-Discovery Bay), would place a point to a violator’s driving record for texting while driving. Current driving offenses that carry the same penalty include running a red light or a stop sign, causing an accident, and speeding. Points generally stay on an individual’s driving record for a period of three years.

Points can also have a large impact on an individual’s car insurance premium. Though it depends on a case-by-case basis, insurance companies tend to view tickets as an indication that you are a riskier driver. In populous areas of California, you will pay up to $600 more per vehicle per year for every two points and you will pay $300 more per vehicle per year for every point on your driving record. This could end up being quite costly in the long-run.

The proposed harsher penalty is already garnering support from individuals in law enforcement, who believe that the current laws in place have not served to deter the general population from continuing to engage in risky behavior.  Of course, the California legislature specifically exempted California peace officers from the cell/texting laws.

According to the NHTSA, sending or reading a text takes an individual’s eyes off of the road for five seconds. If a car is going at a speed of 55mph, this equates to driving the entire length of a football field without looking. The latest California state transportation data shows that in 2013 alone, more than 422,000 citations were issued to motorists for texting while driving.

If the law successfully passes, it will take effect beginning in 2021.

Cheap Traffic Attorneys Can Help Those with Texting and Driving Violations

If you or a loved one has received a ticket for a driving offense, including texting while driving, it can majorly impact your life for a long period of time. In fact, if you receive four points within a rolling 12-month period, you will receive an automatic six-month license suspension. That is why it is so important to consult with a knowledgeable and experienced traffic ticket attorney who understands all about police and traffic court operations.

As a former police officer, Mr. Pearson may save you time and money by contesting a traffic ticket in order to avoid increased points or insurance premiums. Lowering a ticket violation when permitted by jurisdiction can make a big difference. To learn more about traffic violations and to schedule a consultation, visit us online or call us at 310-945-5655 today!

What Can I Expect When I Get a Traffic Ticket?

You see the dreaded flashing lights behind you and your heart sinks into your stomach. You’ve just been pulled over for a traffic violation and now you have a traffic ticket. While it may feel like your day has officially been ruined, there are ways that you can deal with the process as quickly and painfully as possible. You may even be able to keep points off of your license.

Getting Pulled Over

When you get pulled over in California for speeding or another traffic violation, you can expect a few things to occur. The officer will first ask for your license, insurance, and registration. You should be sure to always have these three documents with you whenever you drive, as you can also face additional tickets for not having them.

Types of Traffic Tickets

There are two different types of traffic tickets to be aware of when you are pulled over:

  1. Infraction. All basic California traffic violations are considered to be infractions. This includes everything from speeding, to not stopping at a stop sign, to running a red light.
  2. Misdemeanor. If you have committed a more serious driving offense you are likely to receive a misdemeanor. This includes offenses such as DUI, excessive speeding, or driving on a suspended license.

You will sign and date the ticket and receive a copy. You are not admitting to any guilt, just that you agree appear in court on or before the date indicated on the bottom of the ticket. Hold onto it in a safe place because you will need it later on. Your “Notice to Appear” (ticket) will have important information on it such as your court deadline date to appear and citation number.

However, for crimes such as DUI, you could possibly be arrested then and your car may be impounded.

Plea Options

You can submit one of three plea options in response to your ticket: guilty, not guilty, or no contest. Should you plead guilty or no contest, you are then required to send in the required fine and copy of your citation to the court. Once received, the case will be closed and any points as well as your citation will make their way onto your driving record, where they will remain for 3 to 7 years. It is possible to take a traffic school class to hide your ticket from your public record if the Clerk of the Court or Judge has allowed that option.

If you plead not guilty, you must go in front of a judge to plead your case or you must submit a written “trial by declaration” to the court. You may obtain counsel or represent yourself. If you do a “trial by declaration” you must pay your fine up front. When the case is finished, you may receive a reduced fine or refund if the court finds in your favor.

Points

Speeding, running a red light, at-fault accidents, and unsafe lane changes are one point, while reckless driving, driving with a suspended license, hit and run, and DUI are two.

Your license can be suspended or revoked if you accumulate:

  • 4 or more points in 12 months
  • 6 or more points in 24 months
  • 8 or more points in 36 months

Any points can enable your auto insurance premiums to increase.

What Can You Do?

Finding an attorney to help is in your best interest. At Cheap Traffic Attorneys, we understand the impact that even one traffic violation can have on your driving record and work to help secure you the best outcome. To learn more or to schedule a free consultation, visit us online or call us at 310-495-5655 today!

What Are the Consequences of Driving with Expired Registration Tabs in California?

Being issued a citation for driving with expired tags (stickers on the rear license plate) is more than just a nuisance if you fail to correct it. This is known as a correctable violation, or a “fix it” ticket, that can be resolved rather easily. If you pay a dismissal fee and show proof of correction, the court will dismiss the charge. If you fail to do so, you can be ticketed again and again, the fines will escalate and your driver’s license will be suspended.  That’s the time to call CheapTrafficAttorneys.com.

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