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Legislature Considers Increased Fines for Distracted Driving

California lawmakers recently debated increasing fines for texting and talking on the phone while driving - increases that have some wondering if the point is to create a safer driving environment, or simply add money to the state's coffers.

The ban on using cell phones while driving went into effect in July of 2008, and it became illegal to text while driving the following January. Initially, the penalties were not too severe - $20 for the first offense, which increased to $50 after a second violation. Sen. Joe Simitian, who wrote both bills, says the fines were small by design, a necessary facet that made passing the bills possible. "It was easier than it would have been had the fines been higher," he told the New York Times.

However, the simple $20 or $50 fine has never been the only expense for a driver. As outlined in the same New York Times column, violators can expect to pay somewhere between $114 and $143 for a first offense, a number that only increases with a second offense.

Those numbers may seem small if a bill currently under debate passes. If it does become law, the fines double, meaning with extra court costs and county fees, the ultimate penalty will balloon to $255 for a first instance and $445 for a second. In addition, the ban against texting and cell phone use would no longer be restricted to drivers of automobiles, but would extend to bicyclists as well, a fact that Sen. Simitian says has led to bicyclists strongly criticizing him.

Some have also questioned the ultimate value of the ban on all cell phone use except for hands-free sets. The National Highway Traffic Safety Administration has released data that seem to show little correlation between hands-free phone conversations and safer drivers. Instead, the drop in traffic accident fatalities (2,600 of which Harvard University credits to cell phone distractions) could be explained by fewer drivers on the road due to the poor economy, or because many have begun using seat belts more regularly.

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The Law Office of Rosenstock and Azran practices personal injury law for the people of Los Angeles, Reseda, Van Nuys, Woodland Hills, Tarzana, Sherman Oaks, Canoga Park, Northridge, Mission Hills, Sylmar, North Hollywood, Glendale, Burbank, Studio City, San Fernando, Pasadena, Topanga, Santa Clarita, Chatsworth, West Hills, Thousand Oaks, Calabasas, Toluca Woods and across the San Fernando Valley. In addition, they take cases from Californians living in Los Angeles County, Ventura County, Orange County, Riverside County and San Bernardino County.

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