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8th Feb 2017

Q I still see people driving and texting. Isn’t it illegal?

— W.O., Long Beach

A Texting on a handheld device while driving has been illegal in California since 2009, but state law became even more restrictive as of Jan. 1. Now, California law makes it unlawful for a motorist to hold and operate any wireless device while at the wheel — even, for example, to check your GPS. The law is even more restrictive for drivers under 18. They cannot use a wireless phone, laptop, pager or any other electronic communication device to speak or text while driving, even if it is hands-free.

Violation of California law is an infraction. The penalty for a first offense is a $20 base fine; a second or subsequent offense increases the base fine to $50. However, the base fine is just the start of what a violator will pay. After assessments are added, the total for a first violation probably will be greater than $150, and a second or further offense can cost more than $250.

Q With the laws in California getting more restrictive, are there any exceptions to the ban on driving while using a wireless device?

— R.J., Lomita

A Drivers 18 and older can use hands-free devices. The exceptions otherwise are common sense: if the wireless device is being used by someone operating an emergency vehicle, by someone operating a vehicle on private property or, if necessary, by someone making an emergency call to a law enforcement agency, fire department, medical provider or other emergency service.

Q Can a bus driver hold and talk on a cellphone while driving?

— M.C., Carson

A No. Transit and school bus drivers are prohibited from using a wireless phone while driving, with the exception of a cellphone for work-related or emergency purposes.

Ron Sokol is a Manhattan Beach attorney with more than 30 years of experience. His column, which appears on Wednesdays, presents a summary of the law and should not be construed as legal advice. Email questions and comments to him at RonSEsq@aol.com or write to him at Ask the Lawyer, Daily Breeze, 21250 Hawthorne Blvd., Suite 170, Torrance, CA 90503.

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