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We spend so much time with our smart devices in our hands that we hardly stop to think about reaching for our phones. But in many states, that’s a violation of the law if you’re operating a motor vehicle.
Below, we’ll tell you the rules of the road in the state of California and what you can expect if you receive a cell phone ticket.
The Law
You can find everything you need to know about California’s laws regarding cell phone use while driving in Sections 23123 and 23123.5 of the California Vehicle Code.
It begins with the statement that:
“A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking [such as earpieces or speaker phone], and is used in that manner while driving.”
In other words, you cannot handle your cellphone or any other handheld device to text, search online, play online games, shop, or use other non-essential apps if you are behind the wheel of a moving vehicle. Even if you are using your phone as a guidance system, you still cannot hold it and type in information. Instead, you must pull over.
Of course, passengers don’t have the same responsibility as drivers do, so they are permitted to use their phone in any safe manner they wish while riding in a vehicle on a California roadway.
Exceptions
As a driver, you can legally operate your phone with your hand only in the event that:
1) It is mounted on an interior surface in a safe way that does not obstruct your view, AND,
2) You are simply using your hand to activate or deactivate a feature with the simple swipe or tap of a finger.
You may make a phone call while driving only if you do so via voice command and without the device in your hands.
If a police officer sees you handling your phone while driving in California, they are permitted to ticket you. A violation of the cell phone law in California can cost you anywhere from $20 to $50, plus court costs.
Penalties for talking and driving
If an officer witnesses you talking or texting while you are driving, they can pull you over for breaking the law in California. The penalties for these infractions are:
· A texting and driving traffic citation.
· A fine in the amount of $20, if it is your first offense.
· A $50 fine for any subsequent offense.
· Additional penalty assessments and fees, in some cases.
· Having the offense(s) shown on your DMV driving record.
Even though the base fine is $20 for a first offense, more infractions could mean you could pay over $165 if you continue to break the law.
Consequences of a citation
Even though the offense will show up on your DMV driving record, you will not necessarily receive a point on your record. However, as of July 1, 2021, if you receive the violation within thirty-six months of a previous distracted driving offense it WILL result in one point on your driving record.
It’s important not to ignore a cell phone driving ticket in California. If you do, it will likely result in a charge of “Failure to Appear,” per Vehicle Code 40508. This can lead to you being charged with a misdemeanor.
If a driver violates either Vehicle Code 23123 or 23123.5 in California and causes an accident in the process, they may also be found negligent in a personal injury lawsuit.
Exceptions to talking and driving
There are a few exceptions to the vehicle codes regarding cell phone use while driving in the state of California.
Because the overall goal of these laws is safety, Vehicle Code 23123(c) allows you to use your cell phone while driving in the following cases (though it will not necessarily prevent you from being pulled over if an officer witnesses you on your phone while driving):
· Using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, a health care provider, the fire department, or other emergency services agency or entity.
· You are an emergency services professional using a cellphone while operating an authorized emergency vehicle.
· You are driving a school bus or transit vehicle.
· You are driving a motor vehicle on private property.
Even if you are experiencing an emergency, you are only exempt from the law if you are speaking with the police, paramedics, or the fire department while driving. You cannot make emergency phone calls to friends or family.
The use of GPS
In 2014, the California Court of Appeals ruled in People v. Spriggs that drivers may use their smartphone’s GPS function while driving. However, as mentioned above, you are still not permitted to hold the phone in your hands. It should be secured to your dashboard or console.
In addition, you are not permitted to talk on your phone while using the device’s GPS. In other words, using GPS is not a way to get around the cell phone laws in California.
Texting and driving laws
Talking and texting while you are driving in the state of California are both illegal. You may only use the device in a hands-free manner that allows you to operate it with voice commands.
Texting and driving is covered in Section 23123.5 of the California Vehicle Code. To “write, send, or read a text-based communication” while you are operating a vehicle is illegal.
Making the initial connection in order to talk on the phone is legal, however, as long as you plan to conduct the call hands-free. You may read, enter, or select a phone number or contact on your phone by pressing a button or swiping as long as you do so with the following intent:
– To communicate with this person through a hands-free device, OR
– To deactivate your device.
Penalties for texting and driving
The penalties for texting and driving in the state of California are the same as those for talking on the phone while driving. The ticket for a first offense is $20 and each offense after that will add another $50 to the cost.
Exceptions to texting and driving
There are exceptions to the law when it comes to texting and driving.
Articles 23100 – 23135 of the California driving code do not apply if you are using “manufacturer-installed systems that are embedded in the vehicle” OR if you are “an emergency services professional using an electronic wireless communications device while operating an authorized emergency vehicle.”
Can I use a GPS while driving in California?
If you own a GPS device or are using an app on your smartphone for GPS, you may only use it while driving if it is mounted somewhere safe and you can operate it with the motion of a single swipe or tap of your finger.
California’s distracted driving law prohibits driving while “holding or operating” a wireless communication device, even if you are seeking directions. But, as mentioned above, the voice-operated, hands-free use of these devices are exempt from this law.
What this boils down to is that you must be able to operate your GPS without using your hands. If you cannot, you should pull off the roadway.
Defenses for caught talking/texting while driving
Even if you are performing an action that makes you exempt from the law, an officer may still pull you over. However, they will not ticket you if you can show that you were engaged in an exempt action.
Equally, if you can prove the officer was mistaken in thinking that you were talking or texting on your cell phone, you should also be allowed to go without a citation.
Furthermore, if you are talking and texting from the driver’s seat while the car is not moving, police should not issue a ticket.
Do I need an attorney for fighting a talking/texting while driving ticket?
While you do not necessarily need an attorney to fight a talking or texting while driving ticket in California, there may be advantages to hiring one.
Advantages
It’s often the case that prosecutors offer better deals to defendants with lawyers. In addition, defense attorneys are far more knowledgeable than lay people with regards to how to get a charge reduced or dismissed in court.
And it’s important to note that defendants who hire defense lawyers do not have to go to court themselves. You can hire an attorney to go to court for you to fight the charge.
Does a cell phone ticket go on your driving record in California?
Theoretically, you will not get points on your driving record if you receive a cell phone ticket in California. That means your insurance should not increase – at least not the first time you get a ticket.
However, if you get more than one of these tickets within 36 months, you will have a point added to your record.
If you want to avoid court and think you can’t afford an attorney, your best bet is to use the WinIt app to fight your ticket. After providing a few details about the incident and paying an up-front fee, a lawyer will dispute the ticket on your behalf. WinIt even allows you to submit evidence, track your case, and communicate with your lawyer through the app’s interface.
