Don’t Text and Drive!

It is already the law that you cannot get caught with your phone in your hand while driving, regardless if you are talking or texting, but now the punishment is getting a little stricter. Starting in July 2021, two (2) convictions within 36 months will add a point to your record. 

Assembly Bill No. 47 was an act to amend Section 12810.3 of the Vehicle Code, relating to driver’s licenses.  As it stands now, the law prohibits a person from driving a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.  The existing law also prohibits a person from driving while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the telephone or device is specifically designed and configured to allow voice-operated and hands-free operation, and is used in that manner while driving.  A person who is 18 years of age or younger is prohibited from driving while using a wireless telephone or an electronic wireless communications device, even if equipped with a hands-free device.

Currently, the law provides an exemption for the electronic device violations described above from being counted as points against a driver’s record for purposes of suspension or revocation of the privilege to drive.

Beginning July 1, 2021, the new law will now make only those electronic device violations that occur within 36 months of a prior conviction for the same offense subject to a violation point against the driver’s record.

If you have received a traffic citation and are at risk with excessive point violations on your driving record, contact Dias Law Firm, Inc. to set up a consultation.  Our knowledgeable attorneys and staff are ready to assist you with your legal matter.

By: Vanessa M. Freitas, Certified Law Clerk

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