New Cell Phone Law May Catch Drivers By Surprise

Posted on May 14, 2008
Filed Under Criminal Law, Law, News, misdemeanor |

You don’t have to be a criminal to need a lawyer. As our society becomes increasingly complex, more aspects of our lives are being regulated. The chance that you’ll run afoul of the law at some point in your life is rising. New laws are created every day, and many of them regulate everyday activities. It is becoming increasingly easy to break a law simply because you’re unaware of its existence. Unfortunately, that’s not generally an acceptable defense in court.

A new California law that goes into effect on July 1 may cause some problems as people are forced to change ingrained behaviors. The hands-free cell phone law is expected to save 300 lives a year, according to the Public Policy Institute of California. In other states, similar laws have significantly reduced the number of deaths from accidents due to inattentive drivers talking on cell phones, particularly in bad weather, on wet or roads and during rush hour. Critics of the law cite California Highway Patrol statistics that indicate cell phone use was a factor in only six fatal accidents in 2006, the last year for which data is available. Supporters of the law point out that cell phone use has increased exponentially over the past couple of years.

Whichever side of the argument you’re on, starting July 1 you could get a ticket for holding your cell phone to your ear while you’re driving. Bluetooth headsets will be allowed. You can still talk and drive; the law just wants you to have both hands on the wheel, unless, you’re under 18. A separate law bars drivers younger than 18 from using a cell phone or any mobile device while driving.

Misdemeanors like the new cell phone law aren’t major crimes, but they can cause problems for honest citizens. Misdemeanors can result in jail time, probation, community service, physical labor, counseling, restitution and fines. Convictions can result in a permanent criminal record which can affect your ability to get a job, own a home, rent an apartment, buy a car, get a loan and own a gun, among other problems. If you’re charged with a misdemeanor, an expert defense attorney may be able to obtain alternative sentencing, reduce your sentence or expunge criminal records.

-LegalPro

Written by LegalPro

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