Using a cell phone for most reasons while driving is illegal in California. California Vehicle Code Section 23123: Using a Cell Phone While Driving has the specifics. The police can charge you with this crime if you’re caught using a cell phone behind the wheel.
The California vehicle code law 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. 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 lawyer from the Simmrin Law Group to learn your legal options.
The Main Points of the Law
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 of 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.
Drivers Under 18 and Cell Phones
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 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 a quick text message 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 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.
Each of these scenarios involves the driver manually handling a cell phone while driving, which is prohibited under 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 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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Contact a Traffic Law Attorney for More Advice
If you’ve been charged with California Vehicle Code Section 23123: Using a Cell Phone While Driving, don’t wait. Call Simmrin Law Group today for a free consultation. Though this is a minor infraction, the court and DMV will track you’ve done it. You may be able to keep your record clean with our help.
Call or text (310) 896-2723 or complete a Free Case Evaluation form