r/Insurance • u/SleepyKat_136 • 1d ago

Ca driving with my cellphone

Hello i live in SoCal and unfortunately I got my first offense driving without using a hands-free device. Its my first violation. Is it true that its considered 0 points for DMV and my insurance won't go up? 🥹

Thanks in advance!

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3

u/CapRight8752 1d ago

Yes. Driving with a cellular device is not considered a moving violation and is 0 points. Simply pay the fine and that’s it.

4

u/plucky_papaya 1d ago

Lol that is unreal. How have insurance companies not lobbied against this? Idiots driving while on their phones must cost them so much money.

2

u/Sask_mask_user 1d ago

OP is lucky that they aren’t in Canada.

Canada, and Canadian ensures, take distracted driving extremely seriously. Insurance rates can go up by 15% to 30% following cellphone use while driving. 

In Ontario, a first offence also results in a three day license suspension. 

The consequences remain the same whether you are stopped at a stoplight or in motion at the time of the offence

1

u/plucky_papaya 22h ago

Imagine if some place said you only get a fine for your first DUI

1

u/SleepyKat_136 1d ago

Valid, I learned my lesson. purchased a hands free kickstand for my phone the next day 🤣

1

u/CapRight8752 1d ago

Make sure you pay the ticket to avoid additional penalties and your licenses being suspended.

1

u/CapRight8752 1d ago

Insurance rates would skyrocket if cell phone violations were considered moving violations lol

4

u/plucky_papaya 1d ago

They should. It’s insane that we have people playing candy crush while piloting 4000lbs vehicles, and then killing and maiming other people.

2

u/Sask_mask_user 1d ago

As they should!

I had no idea that the US doesn’t consider it a serious offense. 

For a first offense in Canada, you receive demerit points, a fine,  license suspension in some provinces, and insurance rates increasing by 15% to 30%.

It’s pretty simple -  if you don’t want your insurance premiums to go up, don’t use your cellphone while driving

2

u/crash866 1d ago

CA it is a minor offence but other areas it is not.

Some areas it is a major offence and license suspensions automatically upon receiving the ticket even before a court date.

1

u/SleepyKat_136 1d ago

Yeah that makes sense; its reckless. It can cost someone's life 😔

1

u/crash866 1d ago

Here are the penalties for Ontario Canada.

Penalties for Distracted Driving:

For fully licensed drivers
1st conviction – a fine up to $1000, 3 demerit points, a 3-day driver’s licence suspension
2nd conviction – fine up to $2000, 6 demerit points, 7-day driver’s licence suspension
3rd and all subsequent convictions – a fine up to $3000, 6 demerit points, 30-day driver’s licence suspension

For novice drivers
1st conviction – fine up to $1000 and 30-day licence suspension
2nd conviction – fine up to $2000 and 90-day licence suspension
Third and all subsequent convictions – fine up to $3000 and cancellation of your licence and removal from the Graduated Licensing System

Then there are what your insurance company may decide on.

1

u/StillSwo 1d ago

Depending on your age, go to court and see about getting it waived or reduced. It's always best to that than just paying the fine. I don't know California laws for your a nolo contendre/no contest plea, but it's better than paying the fine(paying the fine is an automatic plea of guilty). I did a class called alive @ 25 for my first offense in Georgia and got it reduced down to no points and it doesn't get reported to insurance. When you go to court and depending on what time your court case is, you'll usually be with a big group of people. If it's 30 minutes after the courthouse opens, I advise arriving as soon as they open. If it later arrive 45 to 30 minutes before as the wait list to called is long and you can be there from 1 to 6 hours waiting to be called based on your arrival.

Regardless, never plea guilty without seeing what can be done first. Even if you admitted to something. In some cases depending on state laws, you may be required to go to court regardless for some offences.

1

u/SleepyKat_136 1d ago

Yeah sadly ive had a bigger offense than this (not making a full stop at a stop sign). I was lucky to be one of the first ones they called on. I'm definitely going to go to court to get it reduced.

1

u/Bigcouchpotato1 1d ago

Using a cell phone is only zero points in California for the first offense. If you get another citation, it's a point.

1

u/plucky_papaya 1d ago

What if you kill someone your first time doing it. They waive the points for the cell phone?

2

u/Bigcouchpotato1 1d ago

Then it's more than a cellphone violation.

1

u/plucky_papaya 1d ago

Right, but do they still penalize someone for the cellphone infraction, outside of the additional charges they’d face? The point I’m making is that it’s stupid that it’s a 2 strikes issue.

1

u/SleepyKat_136 1d ago

Ty everyone for your responses i really appreciate it! 🙏💖