CALIFORNIA TRAFFIC TICKETS
Confessions of a Los Angeles County, CA Court Clerk
I helped the State of California pick your pocket for $1.4 billion in traffic ticket revenue last year (2020).
Yet, in Los Angeles County, San Francisco County, and Sacramento County (Yes, they are counties as well as cities), most will come to see me, open their wallet, and fork over the $150 for a first-offense distracted driving infraction.
Typically, because they used a cell phone “while driving” and got a ticket, whether or not they were driving at the time. Most of them will be stuck in a traffic jam and decide to give their spouse or partner a call or text.
After 1 July, when AB-47, Distracted Driving, which amends CA Vehicle Code 23123, Public Offenses for distracted driving, takes effect, bus drivers, limo drivers, and truckers MUST challenge even a cell phone ticket.
They will undoubtedly not wish to risk paying more than $3,000 in fines, DOT FMCSA Compliance, Safety, & Accountability (CSA) severity, and time weight points. The second offense in California goes up to $256, but for the CDL holder, there’s a $2,750 FMCSA penalty waiting for them. There’s more that I’ll get to in a minute.
Don’t even say that it is a $20 fine like you read online. That is the “base fine,” the amount the legislature wrote in the traffic code before adding ten surcharges, fees, assessments, and penalties that will make the actual fine you pay five or six times the base fine. But you’ll pay. Well, about 95% of you will.
You couldn’t be bothered to take time off from work to dispute it in court. You could hire a lawyer and possibly get it dismissed or reduced, but you’re too scare the lawyer might charge you by the hour, and it cost you more than the fine.
Hint: Traffic lawyers in California typically charge a flat fee to resolve your traffic ticket. What’s more, they usually offer a free initial consultation so that you can find out how much they will charge and what your chances are of beating it!
They’ll reluctantly pay $238 for a minor infraction for making a right turn on red without coming to a full stop (I mean, come on, that’s why it’s called a “California stop”), or for a stop sign, unsafe lane change, tailgating, speeding less than 100 mph.
Proposition 103, Your Good Driver’s Discount, & NOTS Points
Yeah, speeding over 100 mph will cost you big time. But you don’t have a choice about disputing it in court. It comes with a mandatory court appearance by your or an attorney. Guess how much that ticket could cost you? How about $2,600. Guess how much more in auto insurance you will pay? About $13,000 over seven years that the conviction will stay on your driving record.
Of course, you will pay much more if you live in Los Angeles than in Bakersfield or Placerville, CA.
However, the state is not the only one that will dip into your wallet if you’re convicted. Your car insurance provider will take as much as they can get away with because they are still angry that the California voters made them give you a “good driver’s discount” of 20% in 1988 when they passed Proposition 103.
So, you can bet they’re going to stick it to you if convicted. After the 20% discount is gone, they will assign the risk associated with your offense. The average California driver would pay 42% more with only one moving violation unless they are eligible for Traffic Violator’s School (TVS), which is only available if your ticket were in your personal vehicle.
Previous to July 2021, it made little sense for CDL holders to hire a traffic attorney. When you received a ticket for driving while using a cell phone, you paid the fine and drove off; now, the DMV will assess a one negligent operator treatment system (NOTS) point.
What that means is instead of just paying a fine of around $256 for a second cell phone fine, your auto insurance provider will be notified of the NOTS point, typically at renewal, and your car insurance premiums will increase as well.
What’s more, for the CDL holder, if your second cell phone use conviction is within 36 months of the first, you will get a 60-day driver disqualification per DOT FMCSA Regulation CFR 49 Part 383.51, and a third, 120 days. Although it’s not likely you’ll still be employed at that point, how many fleet managers will wait 60 days, let alone 120, without backfilling your position?
Plus, when you apply for a new driving job, they will check your Pre-employment screening program (PSP) record. Only those fleets paying $.25 a mile with no benefits will take a chance on hiring you.
Too much truth for you? Don’t use that cell phone while you drive or get it mounted.
Although the amount of increase will vary depending on several factors, like age, zip code, and others, you could lose your “good driver’s discount,” which is 20 percent, and will assign the higher risk I alluded to earlier.
Therefore, you could see an increase of around $362 per year. When you add that to the $256 fine, it could be well worth it to hire a traffic attorney.
A moving violation conviction in your commercial vehicle will, in most cases, result in termination from fleet management. You better hope you’re an owner-operator who can afford the $3,000 and more insurance. Or, hire an attorney.
No traffic attorney will charge you $3,000 to resolve your distracted driving ticket unless they charge you by the hour, which you should never accept. That’s like a license to steal.
References:
- AB-47, Drivers Record. Points: Distracted Driving
- The Sac Bee article, California drivers aren’t paying traffic fines. Here’s what Gov. Newsom plans to do.
- The DOT FMCSA Cell Phone Use Fact Sheet
- The DOT FMCSA Regulation CFR 49 Part 383.51, Paragraph 6.2.5 Driver Disqualifications
- The 2019–2021 CA Commercial Driver Handbook.pdf
- CVC 23123, Driving Offenses
Stephen Dalton is a retired US Army First Sergeant with a degree in journalism from the University of Maryland and a Certified US English Chicago Manual of Style Editor. Top Writer in Fiction, Short Story, VR, NFL, Design, & Creativity. Editor of Pop Off, Top Dalton’s Blog, 100WordStory, B.O.S.S., and SportsShorts100WordsOnly
You can see his portfolio here. Email [email protected]
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