REGION: Penalties add up for hands-free violations
By SARAH GORDON - Staff Writer | ∞
Turns out, talk really isn't cheap.
Once penalties and fees are added in, San Diego County motorists who violate the new hands-free cell phone law that took effect Tuesday will pay $97 for the first violation and $211 for the second.
Tickets in Riverside and Orange County will be about the same, spokespeople for those courts said.
Violators may not like the fines, but ignoring them will only make things worse. The San Diego County Superior Court warns on its Web site that, after 30 days, it can impose late fees that add about 50 percent to a ticket's cost. And those who refuse to pay face a $300 civil penalty.
The law says drivers talking on cell phones must use a hands-free device, such as a speakerphone or a Bluetooth earpiece.
Like other moving violations in California, breaking the hands-free law triggers a series of standard penalties and fees dictated by state law.
The "base fines" for breaking the cell phone law will cost about the same as a half-tank of gas, depending on the vehicle ---- $20 for a first violation and $50 for subsequent ones. Those fines, specified in the text of the new law, were widely reported as the price of chatting on a hand-held.
But they're just a start.
There's also the $20 fee that goes to pay for courthouse security. It's collected for every criminal violation in California.
Then come the penalties. They're calculated on a formula determined by the base fine, so the greater the base fine, the greater the penalties.
In San Diego County, a $97 ticket breaks down into the $20 base fine, the $20 courthouse security fee, a $1 night court fee and $56 in penalties, said San Diego Superior Court spokeswoman Karen Dalton.
The penalties are outlined in state law and include:
-- $3 to the county's general fund;
-- $7 to various state funds that include money for peace officer and prosecutor training;
-- $2 to a state criminal justice facilities fund;
-- $2 to a county courthouse construction fund;
-- $4 for county emergency services;
-- $5 for a state courthouse construction fund;
-- $2 to the state's general fund;
-- $2 to a state fund that pays for DNA collection from felons;
And odd change adding up to a buck goes to other state and county funds.
In 1989, California's Judicial Council, the policymaking body for the state's courts, established a "Uniform Bail and Penalty Schedule" for traffic violations.
According to information provided by the San Francisco-based body, the schedule's purpose is to make sure that violating the same law packs about the same monetary punch no matter where the law is violated.
Contact staff writer Sarah Gordon at (760) 740-3517 or sgordon@nctimes.com.
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between wrote on Jul 3, 2008 7:46 PM:The Commifornia legislature sure came up with a wonderful revenue enhancement scheme with this hands-free crap. Do you think yakking with a bluetooth instead of a phone to your ear makes you pay more attention to the road? No. This is easy money for these pirates. It's easier than setting up radar traps, and the cell pool is a lot bigger. Like shooting fish in a barrel. The Bastards.
dont you wish wrote on Jul 3, 2008 8:38 PM:you had invented the bluetooth
no-mo wrote on Jul 3, 2008 9:46 PM:i think they should ban talking on phone at all while driving,i think it is unsafe just like smoking was a issue for insurance co. i personnally dont like to talk and drive,but not speaking for all people. good luck to you talkers
Ask wrote on Jul 3, 2008 10:49 PM:How sad, $20 for courthouse security fee. Huh?
Paying $20 for courthouse security to pay the ticket by mail and not even be in the courthouse.
Billy wrote on Jul 4, 2008 6:13 AM:Now doesn't that sound just like a sneaky, lousy, politician, to make hidden laws that, if we want to dig for them, are obscure, but available to the populous. Ben Franklin and fellow congressmen built checks and balances into our systems that brings the most of the slick tongued, smooth talking politicians to the attention of the public; however, we seem to love to have them up there spouting off, while we vent our anger, and they keep taking a few dollars at a time from us clandestinely. I hope those slickly taken dollars in the cell phone fines does some good.
Wrong Way wrote on Jul 4, 2008 6:21 AM:This type of law is just another way the man is getting control of our freedom. Soon a person won't be able to fart in their own car......
Yesucan wrote on Jul 4, 2008 8:37 AM:The state condones farting in cars. They encourage it. There will be a new law requiring a "Gas" tax for every fart made. I bet Sacramento will be the biggest contributor:-)
Well wrote on Jul 4, 2008 9:00 AM:At least we can still text.
Im with you wrote on Jul 4, 2008 9:01 AM:It's all about the money. The police department thinking of ways to get more for their fancy buildings and new patrol cars (Mustangs). bendor takig advantage of the "get your hand free device" just like insurance. what deference does it make. women will still use their lipstick, man will keep eating while driving. its business.
stop texting wrote on Jul 4, 2008 9:08 AM:Who wrote this half law? Is your hand free when you're texting? Are your eyes on trhe road? Can you drive and watch the road with hand to ear? Yes. Seems to me if people can still text I should be allowed to bring my laptop with me next time I go somewhere, it can't be any worse to type while driving than it is to text while driving.
We the People wrote on Jul 4, 2008 9:11 AM:it seems to me that if the court system is soooo desperate to get funds into the california pot that they will probably invent a way to pay the ticket directly from your cell phone that you got the ticket on in the first place....pretty soon they will probably issue gift cards to be purchased for cell phone tickets and gas purchases....on
Prop CELL wrote on Jul 4, 2008 9:31 AM:Time for a citizen initiative to reverse this nonsense
BETTY wrote on Jul 4, 2008 9:45 AM:How are they going to collect the fine for the baja drivers I noticed they are the ones that use cell phone and hold up the fast lanes
rebelious wrote on Jul 4, 2008 10:52 AM:time to take our country back.
Ridiculous wrote on Jul 4, 2008 11:19 AM:Frankly I would like my freeway law enforcement personnel to be tagging speeders, loud music in cars, tailgating, unsafe lane changes, and the like. For my City cops I'd like them to be out patrolling the downtown, neighborhood and gang areas to catch graffiti taggers, loud music in cars, unsafe driving, speeders, etc. And for both, they need to focus on the drunk and unlicensed drivers. This law is so stupid when will they have time to do all the things I talked about above it they are pulling over folks for cell phones? Ridiculous!
Ask wrote on Jul 4, 2008 11:39 AM:To ridiculous, you want the police to focus on drunk and unlicenses drivers.
HELLO, they can always say they are pulling you over for talking on a cell phone, and oooops, you're drunk, easy pick up.
Flatus wrote on Jul 4, 2008 1:25 PM:Can't say if I hate cell phones worse than the way the fines are distributed.Next there will be fart sensors built into seats that will register the carbon dioxide levels and you will be fined as to how you are contributing to global warming.These fart collection sensors will give a small shock when gases are emmited too closely together thus causing massive warming cycles. Every two years you will be taking your car in to a "Test Only" facility that will check for possible "Emissions" that may obstruct the intake on the butt sensor. Arnold plans on taking out "FSBE" bond (Fart Sensor Butt Bonds" to "float the program" in our currently fiscally distressed state.
SC Nat wrote on Jul 4, 2008 2:24 PM:The lions share of these comments are so so soooo California. What did you clowns do before cell phones?
Umm.. wrote on Jul 4, 2008 2:39 PM:Breaker breaker good buddy, whats your twenty?
volvo wrote on Jul 4, 2008 4:44 PM:Thats a big 10-4 There.......
between wrote on Jul 4, 2008 4:58 PM:to: SC Nat
We watched red neck videos of Darwin dead-enders saying the famous last words "Watch This!!!"
Violated wrote on Jul 4, 2008 5:36 PM:I got pulled over for cell phone use just because I had my hand up to my head. Spent 30 minutes on the side of the road while they ran my license and record and let them search my car for 20 minutes to prove I didn't have a phone with me. A total of 3 more cop cars showed up for this once i argued that I didn't have a phone and just needed to scratch my ear. I'm white and middle aged. This law sucks.
James wrote on Jul 4, 2008 8:53 PM:To between - Your post cracked me up. The irony is that SC Nat won't get it. He/She is from Darwin's waiting room.
Stephanie wrote on Jul 5, 2008 12:27 AM:I love NCTimes bloggers... I always want them to be on jury should I ever need one. That being said, I was dreading the day of this law since I too use my celly while driving. I've been driving for 20 years so it's not like I just fell off a turnip truck. However, if I could be selfish like all the other dumbfounded folks, I would like this law to only apply to all the people who have come within milimeters of having a collision with me while driving and talking on their cell, especially the ones that had no idea that they nearly collided with me, or better yet the ones that nearly smashed into ME gave ME the finger due to their mistake, that's always a classic and for some reason they usually drive a Lexus. I don't know why, my personal correllation purely.... This law was necessary and handsfree will help. If you don't believe it check out the stats (CHP is good sourse) on accidents and cell phone use being attributed. And no texting is allowed either. Check the DMV-CA website for the exact law. I know I won't get a tickey for this but I am now not really using the ear guy because I can't stand it. Chances are I'll get the speaker phone, but I'll wait til the amped up prices go down now. But that will be nice so, when it's my turn at work to drive the girls and me at lunch and if my man calls hopefully it'll be a good one ;) Thanks Arnold!
Jim wrote on Jul 5, 2008 6:08 AM:You people can be angry if you want, I highly support this law. I ride my motorcycle to work every day 98 miles round trip. I can't even begin to tell you how many idiots on their phone have tried to kill me. When people can't come up with their own commonsense it has to be legislated. A second law is in the works to ban texting also, when this one was written texting wasn't a big thing yet. j92z1
Gene wrote on Jul 5, 2008 7:01 AM:Some great posts here - to yesucan and To Between NICE haha.
Another stupid CA law - don't these Sacramento folks have anything better to do? What happened to Violated is a good example of what this crap can lead to. This law has absolutely nothing to do with safety, it's about increasing State revenues period.
The Police need to be busy with more important matters as Ridiculous pointed out!
Freddie wrote on Jul 5, 2008 7:34 AM:The drive is getting better, but what about the other people. Lets not discriminate, we need to ban putting on makeup while driving, reading the newspaper, disciplining the children while driving, and a whole slew of others. It should be all or none. Either you have a nanny government or you don't.
Grump wrote on Jul 5, 2008 7:40 AM:Nix this law and replace it with a distracted driving law that covers anything that distracts the driver, but then only issue the ticket if the driver shows signs of being distracted, like driving 50 mph on I5 while jaw jacking on the phone, or weaving while putting makeup on. I am able to walk and chew gum and talk on he phone and drive at the same time. It is all a mental thing, the driving is what I am focused on, the conversation comes second. I will continue to talk on my phone with it to my ear, law enforcement can kiss my a** because this is a stupid law!
Inattentive Drivers wrote on Jul 5, 2008 7:40 AM:Will always be inattentive drivers. The same ones who don't pay attention to the road because they're on their phone with be the same ones who will find another distraction when the phone is taken away. Some people can multi-task and some can't. Most people know their limiations, but you simply can't cure stupid.
EasyRider wrote on Jul 5, 2008 8:02 AM:I'm with Jim. Not only on my motorcycle but in my truck I see morons who think they can drive and use the phone at the same time. News Flash. You might be able to do both but your driving skills suffer. Driving requires your full attentinon on the road. That's why I have a sticker on my motorcycle helmet that states my position, "Hang Up and Drive."
Violated wrote on Jul 5, 2008 12:25 PM:I thought it was a good law until I spent 30 min. having to prove I didn't have a phone to a moron. Made me late for work. Wait til you're dealing with the same. Another excuse to pull you over.
gln wrote on Jul 5, 2008 1:09 PM:to the one's who just couldn't turn their head enough and lane changed into me because their cell phone was stuck between their ear and shoulder, the one's swerving all over the road concentrating on papers and info while their phones were glued to their ears, to the one's driving 30 MPH under the speed limit because they couldn't look at the road while on their phone calls, to the one's running the red-lights right next to me while on the cell,,etc,,, really wish the fee was $600,, everyday you morons with your cells,,, lacking hands-free,,, lacking common sense and good judgment to even pullover, get even more stupid. Driving is a privilege which I am sure most have forgotten. Been waiting a long time for this to happen. And now, causing an accident while performing an illegal act using a cell phone? Life is going to be ugly for you
MJ wrote on Jul 5, 2008 3:37 PM:Why not just say in the first place that the initial fine is about $100 and a second offense is about $200 -- and, that the offenses will effect your auto insurance - a heck of a lot better deterrent than saying its 20 bucks ..... frankly given the research, I think that except for emergencies, it ought to be illegal for a driver in a moving car to talk on any kind of phone hands free or not!
between wrote on Jul 5, 2008 3:55 PM:I wonder if an Initiative(or Referendum) attempt combining a Repeal of the Hands-Free Law AND a new law requiring a Corruption Fee to be paid by legislators, Mayors, Supervisors, Councilmen, Governors, Sheriffs(Corona comes to mind)etc., the fees going to a reduction in the state gas tax, would have a chance at success. I think the Corruption Fee is a good idea anyway. The politicos are ALL presumed guilty just as Violated above was just for scratching. Pirates all!
to Stephanie wrote on Jul 9, 2008 5:26 PM:Text messaging is NOT specifically prohibited by the law (DMV website FAQ), it does state that an officer may pull you over if in their opinion you are driving distracted by texting. I just wish that they would extend that distraction to shaving,applying makeup,reading and rummaging in a briefcase etc, etc.
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