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Auto Accident 2.14.2022

Does a Distracted Driving Ticket Affect Insurance Rates? What You Need to Know

Truthfully, any moving violation can result in points on your driving record which can make your insurance rates to go up. Distracted driving can have such severe consequences in Michigan in addition to a fine and court costs. According to the National Highway Traffic Safety Administration (NHTSA), an estimated 3,142 died in distracted driving accidents in a recent year.

Because of growing distracted driving dangers primarily due to increasing of mobile devices, most states across the country have enacted laws to making cell phone use illegal while driving. If you police pulled you over for texting and driving or another type of distracted driving violation, you might have received a traffic ticket for civil infraction. You may be worried: will this traffic ticket affect my auto insurance rates?

If you accept responsibility by sending the ticket in to court or get convicted at a court hearing of a distracted driving traffic violation, your car insurance rates would most likely be negatively affected. Of course, the variables such as the particular facts, including your auto insurance carrier, the state you are in, and points assigned to the distracted driving ticket can have severe consequences.

If you’re accept responsibility or get convicted of a distracted driving traffic violation, your car insurance rates may be affected. This will depend on the previous number of points on your driving record, the facts surrounding your ticket, including your auto insurance carrier, the state you live in, and your history of traffic violations. If you wish to learn more, continue reading to learn more about how your insurance rate may change as a result of a moving violation ticket.


According to the Insurance Information Institute, several factors that can be used determine the cost of car insurance, including your driving record, how much you drive your car, your location, age, gender, credit, vehicle type, and, most importantly, your auto insurance company.

In Michigan the law assigns points and punishment for different types of traffic violations, and the number of points that can be assigned for each traffic violation can vary based on the traffic violation. If you accept responsibility or you are convicted of a traffic violation while driving, points will be added to your driving record, potentially causing your insurance premium to go up.


According to, a survey of conducted of six insurance carriers in 10 zip codes in every state showed that the average premium increase for a texting and driving ticket is 23%. The survey showed that the rate increase ranged from 12% to 45%, depending on the insurance carrier.


Michigan has a driver point system that keeps track of how many points will be added to your driving record after each moving traffic violation conviction.

For a “cell phone use” violation, according to Michigan law the penalty for violating the cell phone use law would include a $100 civil fine or 16 hours of community service for a first offense and a $250 civil fine for second or subsequent offense. The fine is doubled if you are involved in a crash at the time of the violation. Michigan law has banned texting and driving since 2010. If you are texting when you cause “an at-fault collision with another vehicle, a person, or any other object” will receive “4 points” on your driver's license record.

In Michigan, Kelsey's Law was passed to prohibit any new driver with a Level 1 or 2 license from driving while using a cell phone.

The Michigan legislature in considering to pass a law in 2022, which if passed, will assign 1 point on a driver's license for a second violation of the new Michigan cell phone law and 2 points for a third or subsequent violation of the cell phone use law.

Points remain on your driving record forever but only affect your driving privileges for 2 years. According to the Michigan Secretary of State, if you get 12 points on your license, your driver’s license may be suspended.


In Michigan, a distracting driving violation involving driver cell phone use or texting can result in fines and other penalties.

According to Michigan compiled laws annotated section 257.602b of the Michigan Motor Vehicle Code, the use of two way portable electronic devices or mobile telephones while operating a motor vehicle is prohibited.


The following are points assigned for some types of traffic convictions:

Six Points:

  • Manslaughter, negligent homicide, or other felony involving use of a motor vehicle.
  • Operating under the influence of liquor or drugs.
  • Failing to stop and provide identification info at the scene of a crash.
  • Reckless driving.
  • Unlawful bodily alcohol content of 0.08 or more.
  • Refusal to take a chemical test.
  • Fleeing or eluding a police officer.

Four Points:

  • Drag racing.
  • Operating while visibly impaired.
  • Under age 21 with any bodily alcohol content.
  • 16 mph or more over the legal speed limit.
  • Failure to yield/show due caution for emergency vehicles.

Three Points:

  • Careless driving.
  • Disobeying a traffic device or stop sign or improper passing.
  • 11 through 15 mph over the legal speed limit.
  • Fail to stop at railroad crossing.
  • Fail to stop for school bus or disobeying a school crossing guard.

Two Points:

  • Open alcohol container in vehicle.
  • All other moving violations of traffic laws.
  • Refusal of Preliminary Breath Test (PBT) by a driver under age 21.

If you believe you received a traffic ticket in error or there was reason for your driving behavior that could  constitute extenuating circumstances for the ticket you received from the police, you should request a hearing and appear in court. Once you are convicted or accept responsibility, the ticket will automatically appear on your driving record. Many times, the prosecutor is willing to work out a plea deal for a non-moving point free violation, if your driving record is clean or you have a compelling reason behind the violation.


At The Joseph Dedvukaj Firm law offices, we help victims of distracted driving accidents. If a distracted driver has injured you or a loved one, contact us today, we are here to help you. Our distracted driving accident lawyers are here to pursue maximum compensation on your behalf. To schedule a free initial consultation with one of our personal injury attorneys, call 1-866 447-3563 or complete our online contact form below.  

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The Joseph Dedvukaj Firm, P.C represents Michigan clients in a full range of personal injury matters. If you have been injured, contact us for a free consultation.
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