It’s interesting to note how changing technology affects every area of our lives, including car insurance. Just one example is the cell phone. Since most states have regulated cell phone use while driving, it is now possible that your car insurance rates will go up if you’re given a ticket for driving while talking on the phone. Exactly what you’ll be cited with, and how high a fine you will pay, will depend on the jurisdiction in which you received the ticket.

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Traffic laws vary pretty significantly from one state to the next. Because of this it’s difficult to say with certainty whether or not your insurance rates will go up drastically if you get a talking while driving ticket. But as a general rule you can assume that in most states, driving while talking is a bad idea.

Even outside the law, talking on a cell phone while driving is, at the very least, a distraction. If you consider your car to be a 2,000 lb. weapon, distractions are the last thing you need when you’re behind the wheel.

What if my state has banned only the use of hand held devices?

There are currently nine states, plus the District of Columbia and the U.S. Virgin Islands, where use of any handheld device while driving is completely prohibited. This includes cell phones, portable music players, tablet computers, Palm pilots, etc. When it comes to cell phones, some of these states allow you to still talk while driving as long as you’re using a headset. New York is an example of one of those states.

If you are caught in one of these nine states you will be issued a ticket for driving while talking on a phone. Because this is such a dangerous activity, almost every state considers violations of cell phone laws to be at least a moving violation. Some states even consider it a misdemeanor.

Is there any way that I can use my phone while driving?

Some newer cars have built-in Bluetooth, which allows you to set up your cell phone with your car to allow you to speak hands-free. In addition, OnStar, which has been a hands-free system in cars produced by General Motors for nearly a decade, now offers an aftermarket system that can be installed in any car.

Using a portable Bluetooth or headset are also options while driving. However, it is important to remember that some states consider driving while talking illegal, even if you are not physically holding the phone to your ear.

In fact, according to the United States Department of Transportation’s website for Distracted Driving, drivers who use a handheld device are four times more likely to be seriously injured than drivers who don’t.

It is best to either not speak on your cell phone while driving, or, if you must take the call, pull over to the side of the road to speak.

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Are there states that don’t ban all use of handheld devices?

There are some states where drivers are allowed to use cell phones to talk while driving. However, texting is another issue. There are 34 states where texting while driving is also prohibited. Nine of the 34 obviously overlap from the previous category, but the other 25 have varying laws surrounding driving while talking on the phone.

Needless to say, texting while driving is just as dangerous as talking while driving. States take this very seriously and will punish violators accordingly.

In addition, it is important to note that more than half of the states ban all use of cell phones while driving among new drivers and those with a long list of moving violations. New drivers are especially vulnerable to accidents already, without throwing in cell phone use. Many states impose extremely punitive fines and add lots of points to a license in order to discourage young drivers from engaging in this type of activity.

How much will my insurance rates go up if I get a ticket for talking on my cell phone while driving?

If you get a ticket for talking while driving, how high your rates go up depends on your insurance company and the state in which you were ticketed. Just like seat belt laws, how a particular state views talking while driving violations will have a huge impact on how high your insurance rates will go. But unlike seat belt tickets, there are very few states that will let you off with a simple fine and no points on your license.

The one exception to this rule occurs in states where talking on a cell phone while driving is not considered a primary offense. In these states you cannot be pulled over simply for driving while talking. There must be something else involved such as speeding, failing to signal a turn, driving with a suspended registration or license, etc.

Where talking and driving is not a primary offense it is often possible to plea down that ticket to where the court is only holding you accountable to the primary offense. In these states drivers often feel as though they are getting away with breaking the law. However, some states have recognized this issue and have made talking while driving a primary offense.

The new designation, combined with broader driving-while-distracted laws, is making it more and more difficult to get out of a driving while talking ticket. Suffice it to say that, if you’re caught driving while talking on your cell phone, you’re going to suffer at least some consequences.

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