The Laws Surrounding Texting and Driving in California

We all know that texting and driving is dangerous, but is it actually illegal in California? The short answer is, yes.

Handheld Device Law

California Vehicle Code Sections 23123 and 23123.5  outline the laws surrounding texting and driving in California. The law states that no driver shall operate a handheld device while driving. It’s important to note that this law doesn’t apply to the passengers in the vehicle, only to the driver. This section applies specifically to adults, but CVC section 23124 outlines the same law for minors.

The law doesn’t apply to cell phones alone. It also applies to all “electronic wireless communications devices” including laptop computers, pagers, broadband personal communication devices and other handheld devices.

Exceptions to the Law

There are a few exceptions to the basic law regarding texting and driving and other uses of handheld devices. These exceptions are:

  • Manufacturer-installed systems that are embedded in the vehicle
  • Hands-free devices, talk-to-text and other hands-free methods of operating devices
  • Emergency services professionals using handheld devices while operating an authorized emergency vehicle

Talking on a cell phone while driving also comes with other exceptions, including:

  • A person driving a school bus or transit vehicle
  • Anyone driving a vehicle on public property
  • Someone using a cell phone to call for emergency services

Penalties for Texting and Driving in California

The fine for texting and driving or operating a cell phone while driving is $20 for the first offense and $50 for subsequent offences. This is just the base fine. The actual amount of the ticket will likely be much greater once additional fees and assessments are added.

The good news is that receiving a traffic ticket for texting and driving will not add points to your driving record, nor does it require traffic school.

Do not ignore the ticket if you are cited for using a handheld device while driving. Ignoring the ticket can lead to further violations and even a misdemeanor. It’s in your best interest to seek legal advice right away to get your fines reduced or the ticket thrown out altogether.

Mr. Ticket Can Help

If you’ve been issued a ticket for texting and driving, you have rights. Mr. Ticket can help protect those rights. The law offices of Amir Soleimanian & Associates, Inc – Mr. Ticket – have over ten years of experience fighting traffic tickets in California. Don’t pay those costly fines and risk leaving a stain on your driving record. Call Mr. Ticket today for a free consultation regarding your case.

How Do I Transfer the Title of My Vehicle After It’s Sold in California?

Selling a vehicle on your own might seem like a great option, but there’s a lot of paperwork involved. You need to transfer the title to the new owner, in addition to a bill of sale and transfer of registration.

 

How Soon Do I Need to Transfer the Title?

 

The state of California requires that the title change be recorded by the DMV within 10 days of the sale. Title transfers typically happen when the vehicle is sold, but they can also be due to adding or deleting an owner from the title, paying off a car loan, giving the car to your child and more. 

 

What Do I Need to Transfer the Title?

 

You need to have the California Certificate of Title on-hand when you sell your vehicle. Both you and the new owner will need to sign it. You’ll need to obtain a duplicate title using this form if you’ve lost the title or don’t have it for any reason. The buyer will also need to pay registration fees to transfer the title to them.

All of the paperwork for the vehicle sale must be submitted to the DMV. This is the buyer’s responsibility, but you should follow up as the seller and make sure it’s done. You can now transfer the title online through California’s virtual DMV, as an alternative. 

 

What if I Fail to Transfer the Title?

 

Failing to transfer the title can have serious consequences, especially for the buyer. A buyer is unable to register or insure their vehicle without the title. Additionally, if the buyer fails to register the car in their name, you could be liable for any traffic violations the new driver commits. It’s important that you contact the DMV as soon as the sale is complete and cancel your registration so you’ll not be held responsible for anything the new owner might do.

 

Mr. Ticket Can Help

 

It’s in your best interest to seek legal advice right away if you’ve been convicted of a traffic violation, are being held liable for a traffic violation committed by the new owner of your vehicle, or failed to transfer the title of your vehicle after selling. The experts at the Law Offices of Amir Soleimanian & Associates, Inc. – Mr. Ticket – have more than ten years of experience working against the often unfair and excessive penalties that are issued for traffic violations in California. We service California traffic tickets only. Call Mr. Ticket today for a free consultation!

What You Need to Know About CDL Traffic Tickets

A traffic ticket is never a good thing, but some are worse than others. CDL traffic tickets have severe and lasting consequences. Commercial Driver’s Licenses (CDLs) take a lot of work and training to obtain, and they can be easily jeopardized by traffic convictions.

Here’s what you need to know about CDL traffic tickets and what to do if you are issued a ticket, whether in a Commercial Motor Vehicle (CMV) or your own personal vehicle.

Types of Violation

 

In California, there are several types of moving violations CDL holders can incur. Speeding is by far the most common. A speeding conviction where a CDL holder is going 15 mph or more over the speed limit is considered a serious violation. Receiving multiple violations within a three-year period will lead to a disqualification of your license.

A speeding ticket conviction on a CDL varies from a standard speeding ticket because it is not eligible for traffic school. Federal law requires you to notify your employer of any traffic convictions within 30 days of the ticket.

Employment Trouble

 

CDL holders are different from standard driver’s license holders because they depend on their license for employment. Drivers are unable to earn a paycheck with a suspended or revoked license, and that makes CDL traffic tickets very concerning.

Managers of trucking fleets are hyper-aware of their driver’s histories and speeding records. A traffic conviction, even a minor one, can make it difficult to maintain employment. Drivers with several infractions may be let go and it can be difficult to find more work.

In California, companies have access to your CDL driving record and motor vehicle driving record through the DMV’s Employer Pull Notice program to consider when hiring. Too many infractions, points, or even one serious offense does not bode well.

One of the reasons most fleet management is so cautious with moving violations is insurance cost. Companies may terminate employment after a single moving violation, even in a personal vehicle, because of the fear of rising insurance.

Seek Legal Representation

 

If you have received a CDL traffic ticket, it is in your best interest to seek legal representation immediately. The Law Offices of Amir Soleimanian & Associates, INC., Mr. Ticket, are experienced in protecting your rights and preventing traffic convictions. Keep your employment secure and let us handle your ticket. We service California traffic citations only. Call us today for a free case evaluation!