PROCEDURAL OUTCOME OF CELL PHONE USE VIOLATIONS

You asked how many violations of the ban on talking on a cell phone while driving have occurred since the law took effect. OLR Report 2007-R-0260 (attached) shows data and case dispositions for October 2005 through December 2006. This report covers January 2007 through September 2009, the latest date for which data is readily available.

The law prohibiting most people, while driving, from using mobile electronic devices or talking on hand-held cell phones took effect on October 1, 2005. According to Judicial Branch data, from January 1, 2007 through September 30, 2009, there were 103,294 court cases involving violations of various provisions of this law. (The data does not distinguish between mobile electronic device and cell phone violations).

Courts found defendants guilty in 66,577 (64.4%) of the 103,294 cases, including 5,757 in which they forfeited bonds, and not guilty in 19 (.02%) cases. The charges were nolled (dismissed) in 34,637 (33.5%) of the remaining cases and the defendants' licenses were suspended in 2,061 cases (2%). (Typically, (1) many of the nolled cases involved first-time violators who have their fines suspended on presenting proof that they acquired a hands-free device and (2) a license is suspended in cases where a defendant fails to appear.)

Attachment 1 provides a detailed breakdown of the dispositions for January 1, 2007 through September 30, 2009.

Connecticut's “cell phone” law has several prohibitions. The main provision prohibits a person, while driving, from (1) talking or listening on a cell phone, unless he or she uses a hands-free telephone, or (2) using any mobile electronic device. (The ban on cell phone use does not include holding the phone to activate, deactivate, or initiate a function.)

The law defines a “mobile electronic device” as any hand-held or portable electronic equipment capable of providing data communication between two or more people. It includes text messaging or paging devices, personal digital assistants, laptop computers, video game equipment, digital video disks, and equipment that takes or transmits digital photographs. It does not include audio equipment or equipment installed in the vehicle to provide (1) navigation or emergency help to the driver or (2) video entertainment to rear-seat passengers (CGS § 14-296aa(b)).

1. with exceptions, a school bus driver from using either a cell phone or any other mobile electronic device in a moving school bus containing passengers (CGS § 14-296aa(c)) and

2. with exceptions, drivers under age 18 from using any cell phone while the vehicle is moving, whether or not it has a hands-free accessory (CGS § 14-296aa(d)).

Exceptions

A driver who is at least age 18 may use a hand-held mobile telephone regardless of the prohibition (1) for the sole purpose of communicating an emergency situation to an emergency response operator, hospital, physician's office or health clinic, ambulance company, or fire or police department; (2) if he or she is a peace officer, firefighter, or ambulance or authorized emergency vehicle driver performing official duties within the scope of employment; or (3) if the telephone is hands-free. An authorized emergency vehicle includes a fire department or police vehicle or public service company or municipal department ambulance or emergency vehicle designated or authorized for use by the motor vehicle commissioner as an emergency vehicle.

The exceptions for reporting an emergency situation also apply to school bus drivers. They may also use a hand-held mobile telephone or other electronic device to alert school officials of emergencies without violating the prohibition.

Violations

A violation of the law is punishable by a fine of up to $100. But the fine for a first-time violator, other than a school bus driver or a driver under age 18, must be suspended if the person presents proof of having acquired a hands-free accessory for the phone before the fine is imposed (CGS § 14-296aa(g) & (h)). The law also imposes a $100 fine whenever a driver commits a moving violation while engaged in any non-driving related activity, including cell phone use, that interferes with the safe operation of the vehicle. The $100 fine is in addition to any fine or penalty imposed for the moving violation ((CGS § 14-296aa(g) & (i)).

The law allows violators to mail fines to the Centralized Infractions Bureau instead of appearing in court.


Procedural Outcome of Cell Phone Violations
January 1, 2007 to March 31, 2007
*Statute*	*Bond* Forfeiture*	*Guilty*	*Not* *Guilty*	*Nolle*	Suspension**	*Total*	*Revenue*
14-296aa(b)	367	4203	1	2615	155	7341	$428,416
14-296aa(c)	1	12	0	3	1	17	$1,120
14-296aa(d)	0	8	0	4	0	12	$800
14-296aa(i)	3	21	0	26	5	55	$2,200
PA 05-220(2)***	7	37	0	98	15	157	$3,965
Total	378	4281	1	2746	176	7582	$436,501


Procedural Outcome of Cell Phone Violations
April 1, 2007 to June 30, 2007
*Statute*	*Bond* Forfeiture*	*Guilty*	*Not* *Guilty*	*Nolle*	Suspension**	*Total*	*Revenue*
14-296aa(b)	519	4528	3	2974	221	8245	$464,007
14-296aa(c)	0	17	0	10	0	27	$1,700
14-296aa(d)	0	8	0	3	0	11	$800
14-296aa(i)	4	26	0	28	2	60	$2,582
PA 05-220(2)	1	30	0	50	11	92	$3,120
Total	524	4609	3	3065	234	8435	$472,209


Procedural Outcome of Cell Phone Violations
July 1, 2007 to September 30, 2007
*Statute*	*Bond* Forfeiture*	*Guilty*	*Not* *Guilty*	*Nolle*	Suspension**	*Total*	*Revenue*
14-296aa(b)	417	5239	3	2691	189	8539	$529,165
14-296aa(c)	4	4	0	9	0	17	$620
14-296aa(d)	2	5	0	5	0	12	$505
14-296aa(i)	1	26	0	15	5	47	$2,650
PA 05-220(2)	6	15	0	41	6	68	$1,820
Total	430	5289	3	2761	200	8683	$534,760


Procedural Outcome of Cell Phone Violations
October 1, 2007 to December 31, 2007
*Statute*	*Bond* Forfeiture*	*Guilty*	*Not* *Guilty*	*Nolle*	Suspension**	*Total*	*Revenue*
14-296aa(b)	439	5205	1	2832	152	8629	$524,652
14-296aa(c)	2	10	0	6	1	19	$975
14-296aa(d)	1	11	0	1	0	13	$1,100
14-296aa(i)	4	34	0	20	5	63	$3,775
PA 05-220(2)	2	12	0	24	3	41	$1,250
Total	448	5272	1	2883	161	8765	$531,752


Procedural Outcome of Cell Phone Violations
January 1, 2008 to March 31, 2008
*Statute*	*Bond* Forfeiture*	*Guilty*	*Not* *Guilty*	*Nolle*	Suspension**	*Total*	*Revenue*
14-296aa(b)	414	5788	0	3043	153	9398	$580,620
14-296aa(c)	0	13	0	7	1	21	$1,400
14-296aa(d)	1	3	0	3	0	7	$300
14-296aa(i)	6	36	0	22	3	67	$3,480
PA 05-220(2)	0	15	0	18	1	34	$1,500
Total	421	5855	0	3093	158	9527	$587,300


Procedural Outcome of Cell Phone Violations
April 1, 2008 to June 30, 2008
*Statute*	*Bond* Forfeiture*	*Guilty*	*Not* *Guilty*	*Nolle*	Suspension**	*Total*	*Revenue*
14-296aa(b)	476	6054	2	3475	197	10204	$622,714
14-296aa(c)	2	6	0	1	0	9	$810
14-296aa(d)	0	4	0	1	0	5	$400
14-296aa(i)	6	35	1	41	4	87	$3,780
PA 05-220(2)	0	13	0	15	3	31	$1,300
Total	484	6112	3	3533	204	10336	$629,004


Procedural Outcome of Cell Phone Violations
July 1, 2008 to September 30, 2008
*Statute*	*Bond* Forfeiture*	*Guilty*	*Not* *Guilty*	*Nolle*	Suspension**	*Total*	*Revenue*
14-296aa(b)	535	6818	2	3502	167	11024	$688,918
14-296aa(c)	1	19	0	1	1	22	$1,935
14-296aa(d)	0	5	0	3	0	8	$500
14-296aa(i)	6	50	0	31	0	87	$5,085
PA 05-220(2)	1	8	0	16	2	27	$1,000
Total	543	6900	2	3553	170	11168	$697,438


Procedural Outcome of Cell Phone Violations
October 1, 2008 to December 31, 2008
*Statute*	*Bond* Forfeiture*	*Guilty*	*Not* *Guilty*	*Nolle*	Suspension**	*Total*	*Revenue*
14-296aa(b)	674	5574	2	3358	198	9806	$573,758
14-296aa(c)	0	12	0	4	1	17	$1,125
14-296aa(d)	1	6	0	2	0	9	$585
14-296aa(i)	13	32	0	36	3	84	$3,805
PA 05-220(2)	0	5	0	9	1	15	$100
Total	688	5629	2	3409	203	9931	$579,373


Procedural Outcome of Cell Phone Violations
January 1, 2009 to March 31, 2009
*Statute*	*Bond* Forfeiture*	*Guilty*	*Not* *Guilty*	*Nolle*	Suspension**	*Total*	*Revenue*
14-296aa(b)	567	4371	2	3089	159	8188	$448,727
14-296aa(c)	0	12	0	5	0	17	$1,200
14-296aa(d)	0	9	0	2	0	11	$900
14-296aa(i)	12	50	0	35	6	103	$4,905
PA 05-220(2)	0	5	0	6	2	13	$500
Total	579	4447	2	3137	167	8332	$456,232


Procedural Outcome of Cell Phone Violations
April 1, 2009 to June 30, 2009
*Statute*	*Bond* Forfeiture*	*Guilty*	*Not* *Guilty*	*Nolle*	Suspension**	*Total*	*Revenue*
14-296aa(b)	529	5093	2	2843	172	8639	$512,643
14-296aa(c)	2	9	0	7	0	18	$955
14-296aa(d)	0	6	0	2	0	8	$600
14-296aa(i)	8	39	0	4	37	88	$3,896
PA 05-220(2)	2	3	0	3	0	8	$360
Total	541	5150	2	2859	209	8761	$518,454


Procedural Outcome of Cell Phone Violations
July 1, 2009 to September 30, 2009
Statute	Bond Forfeiture*	Guilty	Not Guilty	Nolle	Suspension**	Total	Revenue
14-296aa(b)	678	7234	0	3533	175	11620	$726,508
14-296aa(c)	3	14	0	10	0	27	$1,540
14-296aa(d)	0	5	0	2	0	7	$500
14-296aa(i)	9	52	0	48	3	112	$5,131
PA 05-220(2)	1	1	0	5	1	8	$175
Total	691	7306	0	3598	179	11774	$733,854

* “[B]ond forfeiture refers to bond taken in lieu of fine. . . . [A]pparently, out-of state drivers often cannot pay a motor vehicle fine by mail, so they post bond by mail – equal to the fine – then forfeit it when the case is closed out. For all intents and purposes, it's the same as an in-state driver paying a fine by mail.

**Typically, a license is suspended when a defendant fails to appear in court on the scheduled date.

***Violations listed for PA 05-220(2) refer to instances in which the defendants were charged before the public act was codified. The reason that this would still show up in 2006-2009 data is probably because someone failed to appear, tries to buy a new car (for instance), only to find that his or her license is suspended. The case is then re-opened with a new disposition.


February 22, 2010		2010-R-0094
PROCEDURAL OUTCOME OF CELL PHONE USE VIOLATIONS

By: Veronica Rose, Chief Analyst