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Brandon M.
Brandon M., Counselor at Law
Category: Legal
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Experience:  Attorney experienced in numerous areas of law.
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I received a ticket today for talking on my cell phone while

Resolved Question:

I received a ticket today for talking on my cell phone while on a military base here in San Diego. I am a civilian and don't care much about the small fine--however, I do care about my driving record. This is important for my job. Since I was on a military base, and not on public property, will this ticket go on my driving record if I am found guilty? From my brief research on the internet, I learned that this depends on the state. So my question is this: For CA, does a cell phone ticket from a military base make it on to one's driving record? If you don't mind, please only answer if you are 100% sure of the answer. ---thanks much, Bart
Submitted: 6 years ago.
Category: Legal
Expert:  Brandon M. replied 6 years ago.
Hello:

driving while using a wireless telephone that is not configured for hands-free use is a violation of California Vehicle Code 23123(a) is an infraction that carries no DMV penalty points. Because it carries no penalty points, it does not go on one's "driving record" in the sense that it does not impact one's driver's license. Hypothetically, you could violate and get ticketed for this infraction every day for the rest of your life but you could keep your California driver's license as long as you paid the fines.

It will appear on a criminal background check, just like any infraction will. This is true whether the ticket is given out on a military base by MP or any other law enforcement agency. But as I said, this is very insignificant even for driving offenses, and it does not impact one's driving record either way.

I hope that this helps.
Customer: replied 6 years ago.
Thanks for the help. I did already understand, because I got the same ticket a while ago, that it doesn't affect one's "driving record" in terms of points and that it is considered a minor traffic violation. However, my problem is this--the recent ticket, because it is still a moving violation, will affect my job if it gets on to my CA motor vehicles record. And, also, my insurance company, again because it is a moving violation, said that the ticket would increase my rates if it gets on to my CA m.v.r. So I already knew that this ticket, in a way, does not fundamentally affect my "driving record." When I said "driving record" on my initial question, I meant to say m.v.r. This ticket will affect both my job and my insurance rates if it gets on to my CA m.v.r. So I would like to know: will this ticket make it on to my CA m.v.r.? sorry to seem difficult but that is really the question I want answered. --thanks much!
Expert:  Brandon M. replied 6 years ago.
Hello again:

I apologize; this forum is convenient and accessible, but it sometimes has communication challenges. I think that I was not clear in my last answer, but a conviction for violating 12123(a) will appear on one's MVR. Sorry I do not have better news, but I don't help people when I sugar-coat things.
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