If my husband has aCDL and he got a ticket for talking on his cell phone, will this affect his license?

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If my husband has aCDL and he got a ticket for talking on his cell phone, will this affect his license?

Should we just pay it or should he try to get it off his record? He doesnt have anything else on his record.

Asked on January 5, 2011 under General Practice, Washington

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Every state law is different on what is considered reckless driving or driving while distracted.  Further, every state law is different in terms of whether you can talk on your hand held mobile phone while driving or if you have to use a device (hands-free).  It should be the same effect on a non commercial driver's license as a commercial driver's license unless his contract with his company indicates or inthe company handbook that it is a fireable offense for doing such an act.  If he pays it, he may have the option also to have it off the record with traffic school but he needs to check if his offense qualifies.  Trying to get it off his record is by going to traffic school and paying the fine on the ticket. If he chooses to go to traffic court to fight for a dismissal, he better have proof he was not talking on his cell phone while driving.


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