The experience of receiving a traffic stop for handheld device use while driving creates both frustration and overwhelming feelings. Most drivers believe they must accept the fine when they receive a handheld device violation ticket. You possess the right to fight handheld device violations and there exists a possibility to avoid receiving penalties.
Speed Ticket Defense provides assistance to drivers who want to learn about their rights and protect themselves from traffic violations. The following information explains what you need to know about handheld device use violations.
What Is a Handheld Device Violation?
The act of operating a vehicle while holding or using any electronic device constitutes a handheld device violation.
This can include:
- Texting while driving
- The act of using a phone for calls or receiving calls without activating hands-free functionality
- Browsing apps, emails or the internet through your device
- The act of holding your phone even when you are not actively using it
The laws regarding handheld device violations establish them as primary offenses which allow police to stop drivers for this specific infraction.
Penalties for Handheld Device Violations
The penalties for handheld device violations consist of:
- The amount of the fine will increase when you receive multiple citations for this offense.
- Points on your driving record
- Insurance rate hikes
- Potential CDL consequences (for commercial drivers)
Multiple handheld device violations in certain states can result in license suspension.
Can You Contest a Handheld Device Violation?
You have the right to defend yourself against handheld device tickets when they appear in court. Your chances of success depend on the specific facts of your case together with the available evidence and the applicable laws in your situation.
Common defenses may include:
- The officer needs to show concrete proof that you operated the device during the stop.
- You can use a mounted device or voice controls for hands-free operation.
- Some jurisdictions permit drivers to use their devices in emergency situations.
- The officer made an incorrect assessment because they could not clearly see what you were holding or because of their distance from your vehicle.
What to Do When You Receive a Traffic Ticket
- Check the citation details for the exact date and time and location and the officer’s written description.
- You should collect evidence which includes phone records and dashcam footage and witness statements to support your case.
- Check the specific laws of your state because they establish different requirements and exceptions for each jurisdiction.
- A skilled traffic defense attorney will defend your driving record by representing you in court.
Why should you fight your ticket instead of simply paying the fine?
Most drivers choose to pay their fines because they believe it provides the easiest solution. The process of paying your fine requires you to admit guilt which results in multiple long-term effects including:
- Higher insurance premiums
- The accumulation of points on your license will eventually result in suspension.
- A negative entry will appear on your driving history report.
The process of contesting your violation will help you save money on insurance costs and prevent losing your driving privileges.
Final Thoughts on Contesting Handheld Device Violations
A handheld device violation does not automatically result in points or fines or increased insurance costs. The correct defense strategy when fighting your ticket provides a chance to obtain reduced or even eliminated charges.
Contesting Handheld Device Violations. Reach out to Speed Ticket Defense for help with your handheld device ticket defense because we will defend your rights while keeping you driving.