California Vehicle Code Section 23123: Using a Cell Phone While Driving aims to reduce distractions and enhance road safety by setting specific regulations for how drivers can use mobile devices when they are behind the wheel.
Most uses of a cell phone while driving are illegal in California. The police can charge you with this crime if you’re caught using a cell phone behind the wheel. Distracted driving is dangerous, but sometimes police make mistakes and charge people when they haven’t broken the law.
If you feel you were using your cell phone legally in the car, you can speak with a Los Angeles texting while driving lawyer to learn about your legal options. For two decades, Simmrin Law Group has been defending clients just like you. For more information about California Vehicle Codes and your rights, call us today.
Understanding California Vehicle Code Section 23123
It is illegal for a driver to hold and use a cell phone or electronic wireless communications device while driving. This includes making calls, texting, browsing, or using apps. Holding a device in your hand and using it is extremely distracting and can cause a crash.
Drivers are permitted to use cell phones as long as they are configured for hands-free operation and are used in that manner. This could include voice commands, Bluetooth headsets, or devices integrated into the vehicle’s systems.
The law provides exceptions for hand-held devices for certain situations and individuals:
- Emergency services professionals such as firefighters, paramedics, and law enforcement officers are exempt while performing their official duties.
- Calls to emergency services like 911 are also exempt from this restriction.
- A person driving a school bus or transit vehicle.
- A person driving a vehicle on private property.
Note that passengers are permitted to use cell phones inside vehicles. Only the driver is forbidden from using them. Also, if your car has embedded communications devices installed by the manufacturer (e.g., OnStar), you are permitted to use those. For help, call a Los Angeles texting while driving lawyer now.
Drivers Under 18 and Cell Phone Use
Drivers under 18 are prohibited from using cell phones entirely while driving, even if they are equipped with hands-free devices. This is part of a broader effort to minimize distractions for new and inexperienced drivers.
If you’re under 18 and need to use the phone, pull over and put your car in park before you use it. For a free legal consultation with a texting and driving lawyer in California, call Simmrin Law Group today.
For a free legal consultation with an using a cell phone while driving lawyer serving California, call (310) 896-2723
Examples of Breaking This Law
- Sarah picks up her phone to send quick text messages to her friend while stopped at a red light. Even though her car is stationary, she’s still in violation of the law because she’s using her phone without hands-free listening and talking technology while operating a vehicle.
- John, while driving to work, uses one hand to hold his phone and make a business call. Despite his attention on the road, this is a clear violation of the law as he is using the phone without a hands-free setup.
- While in slow-moving traffic, Emily picks up her phone to scroll through her social media feed. This act of using her phone manually while behind the wheel is illegal, regardless of the slow speed or perceived control over the vehicle.
- Tom grabs his phone to check the GPS map for a quicker route due to heavy traffic. Even if his intention is to aid his driving, manually operating the phone while driving is against the law unless the device is mounted and he is using it via hands-free operation.
- Amanda holds her phone to record a video of an unusual roadside scene while she’s driving. This is not only a distraction but also a direct violation of the law, as she is using her phone manually.
All these scenarios involve manually handling a cell phone while driving, which violates California Vehicle Code Section 23123.
California Using a Cell Phone While Driving Lawyer Near Me (310) 896-2723
Penalties for Violating This Law
Violating California Vehicle Code Section 23123, which prohibits the handheld use of cell phones while driving, typically results in a fine of $20 for the first offense and rises to $50 for subsequent offenses, though court fees may make these much higher.
Unlike many other traffic violations, violating this law does not add points to your driving record, nor do you have to attend traffic school.
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Defenses Against This Charge
If someone is charged with violating California Vehicle Code Section 23123, which prohibits the use of handheld cell phones while driving, there are several potential defenses they might consider:
Emergency Use
A common defense is that the phone was used to make an emergency call—for example, to 911, a hospital, a fire department, or similar emergency services. If the defendant can demonstrate that the use of the phone was necessary for emergency purposes, this can be a valid defense.
Misidentification
The defendant can argue that they were incorrectly identified as using a handheld device while driving. This might occur in situations where there is a mistaken observation by a law enforcement agency officer, possibly confusing holding a phone with another object, like a wallet or food.
Hands-Free Compliance
Demonstrating that the device was being used in a hands-free manner, such as through voice commands, Bluetooth headsets, or other technology, can be a strong defense. Evidence that the phone was mounted on the dashboard or that hands-free technology was active at the time might support this defense.
Not Operating the Vehicle
If the defendant can prove that they were not driving at the time of the alleged offense (e.g., parked at the side of the road), then this can negate the charge, as the law specifically targets the use of handheld devices while driving.
Necessity
In rare cases, a necessity defense might be used if the defendant had to use the phone to prevent greater harm. This would require convincing evidence that no other reasonable alternative was available and that the harm avoided was more serious than the potential harm of distracted driving.
Lack of Evidence
A defendant might argue that there is insufficient evidence to prove beyond a reasonable doubt that they were using a handheld device while driving. This could involve challenging the quality or veracity of the evidence provided by the prosecution.
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Legal Alternatives to Cell Phone Use While Driving
At Simmrin Law Group, we understand that staying connected on the road is sometimes necessary—but California’s Vehicle Code §23123 strictly prohibits holding or operating a cell phone while driving.
Fortunately, there are several legal alternatives that allow drivers to communicate safely and comply with state law. Below are a few options that meet California’s hands-free requirements:
- Push–to–talk feature: Allows brief communication through a mounted or integrated system without handling the phone.
- Voice–operated and hands–free operation: Enables drivers to make calls, send messages, or control navigation using voice commands only.
- Hands–free telephone device: A mounted device that permits operation without physically holding the phone.
- Bluetooth earpiece: Lets drivers talk and listen through a single earpiece connected wirelessly to the phone.
- Bluetooth device: Includes in-car or headset systems that support fully hands-free communication and audio streaming.
Using these legal alternatives helps drivers avoid citations, reduce distractions, and stay compliant with California’s distracted driving laws. For more information about the nuances of Vehicle Code Section 23123: Using a Cell Phone While Driving, contact us today.
What to Do If You’re Involved in a Traffic Accident But Were Using Your Phone
Being involved in a traffic accident while using your phone can be stressful and may expose you to legal or financial consequences under California law. Even if you were distracted at the time of the crash, it’s important to handle the situation carefully to protect your rights and comply with legal requirements.
Follow these steps to respond appropriately:
- Stay at the scene: Never leave the accident site. Move your vehicle to a safe location if possible and check for injuries.
- Call 911: Report the car wreck to law enforcement and request medical assistance for anyone who is hurt.
- Exchange information: Provide your name, contact details, driver’s license, and insurance information to the other driver, but avoid discussing fault or details about phone use.
- Do not admit fault: Even if you were on your phone, avoid making statements that could be used against you later. Fault determination should be left to investigators and insurance companies.
- Document the scene: Take photos of the vehicles, roadway, and any visible injuries. Gather contact information for witnesses if available.
- Cooperate with authorities: Be honest and respectful when speaking with police, but keep your answers factual and brief.
- Contact a lawyer: Reach out to a qualified California traffic or criminal defense attorney as soon as possible. We can help you understand your rights, handle communication with insurers, and defend you if cell phone use becomes a factor in the case.
At Simmrin Law Group, our criminal defense lawyers can guide you through the legal process and work to minimize the impact of distracted driving allegations on your record and insurance.
Contact Our Texting and Driving Lawyers in California Today for Help
If you’ve been charged with California Vehicle Code Section 23123: Using a Cell Phone While Driving, don’t wait; contact an experienced California texting and driving lawyer today for a free consultation.
Though this is a minor infraction, the court and DMV will track that you’ve done it. However, you may be able to keep your DMV record clean with Simmrin Law Group. For more information and to get answers to other questions, visit our FAQ page.
Call or text (310) 896-2723 or complete a Free Case Evaluation form