Canceling a Cell Phone Ticket
Hundreds of thousands of payable traffic tickets are issued in Israel every year, and the Israeli police invests a lot of resources and time in placing officers on the roads to reduce traffic offenses and road accidents as much as possible. Naturally, the police tries to combat dangerous phenomena on the road, but sometimes officers issue tickets unfairly, causing great injustice to innocent drivers who have not broken the law, or making a mistake in assessing the crime that a driver committed. One of the most common types of traffic tickets issued are cell phone tickets – fines for using a phone while driving.
At our law firm you will find lawyers who specialize in transport law. We assist clients who have been involved in a car accident, charged with drunk driving, and more. Below we explain what you can do if you have received a cell phone ticket.
When Is It Possible to Appeal or Cancel a Cell Phone Ticket?
It is strictly forbidden to manually hold a mobile phone (cell phone) while driving. However, it is permissible to use a cell phone mounted in a safe place in the car or to use earphones/headphones.
According to Israel Police experts, and in light of the number of cell phone tickets issued regularly, using a cell phone while driving is linked directly to a high chance of causing road accidents. The number of accidents increases from year to year due to distracted driving caused by cell phones.
Therefore, the courts try to combat the phenomenon and take it seriously. However, as everyone knows, every rule has an exception.
Subsection 28 (a) of the Transportation Regulations (translated into English) states that:
Vehicle drivers must place their hands on the steering wheel or handlebars as long as the vehicle is in motion; however, they may remove one hand from the steering wheel or handlebars if this is required to ensure proper operation of the vehicle or to adhere to the traffic rules.
Subsection 28 (b) of the Transportation Regulations states that:
While a vehicle is in motion, the driver of the vehicle –
(A) shall not manually hold a mounted or mobile cell phone, and shall not use it in the
vehicle except handsfree;
(B) shall not send or read SMS messages;
According to the above regulations, it is completely unlawful to manually hold a cell phone, including for the purpose of using Waze maps, conducting WhatsApp conversations, and more.
The use of mobile devices is allowed only under certain circumstances that do not endanger pedestrians and vehicle traffic, and in places designated for parking.
Use of Cell Phones Near Traffic Lights
We are often asked about traffic tickets received for using a cell phone while driving, but when the vehicle is not in motion (such as while stopped at a red light). It is generally forbidden to use a cell phone at a red light.
In the past, police officers were instructed not to give tickets for speaking on the phone at a red light. Recently, this has changed, making things difficult especially for those who have already gotten used to speaking while driving.
How Many Points Are Added to Your Driver Record If You Use a Cell Phone in the Car?
In addition to paying a fine of ILS 1,000, eight points will be added to your driving record.
As stated above, using a cell phone in handsfree mode while your car is in motion does not constitute an offense.
Violating Subsection 28 (b) of the Transportation Regulations may result in a ILS 1,000 fine and eight points.
Is It Possible to Cancel a Police Complaint for Using a Cell Phone While Driving – And Get the Points and Fine Cancelled?
A police officer who gives someone a ticket is required to include all relevant details, the time and date, and additional information – if these are not recorded, the ticket is invalid.
In the example mentioned above, the police officer must prove that the following details were recorded:
- The total stopping distance.
- The color of the phone, the model of the phone, and so on.
**** The police officer must record the details accurately.
In addition, when a driver claims that while driving and using “Waze maps,” an advertisement popped up on the phone and the driver swiped it away with their finger, this claim is very effective in canceling the ticket and points.
Is Using a Cell Phone While Driving Considered a Severe Offense?
Absolutely. Today, using a cell phone while driving may result in the driver’s license being suspended for three months.
Be aware that there is misinformation going around regarding a ILS 3,000 fine for speaking on the phone while driving – this is not true.
Finally, it is forbidden to manually hold a phone while driving. However, if the phone is mounted in a safe place in the car, it is okay to use it (including Waze maps).
In any case, you may not send or read text messages while driving.
Our firm provides legal advice on canceling traffic reports. In addition, we represent clients before courts of traffic offenses and assist in all related proceedings.