Vehicle Code § 23123 CVC – “Cell Phone Tickets” & Fines in California

Vehicle Code § 23123 and § 23123.5 CVC set forth the laws as to the use of cell phones and handheld devices while driving on California roadways. There are four important points to know about these sections.

1. With limited exceptions, you cannot talk on a cell phone, or text, when driving in California.
2. The fine for a violation of either of these sections can range from $20.00 to $50.00, plus court costs and assessments.
3. You cannot ignore cell phone or handheld device tickets. This act will likely result in a charge of failure to appear, per Vehicle Code 40508 VC, which can be charged as a misdemeanor.
4. If you violate either VC 23123 or VC 23123.5, and thereby cause an accident, you may be found negligent in a personal injury lawsuit.

In this article, we will quote the full language of the statutes, and then provide legal analysis and discussion.

The language of the code section reads:

23123. (a) 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, and is used in that manner while driving.

(b) A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.

(c) This section does not apply to a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.

(d) This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.

(e) This section does not apply to a person driving a schoolbus or transit vehicle that is subject to Section 23125.

(f) This section does not apply to a person while driving a motor vehicle on private property.

(g) This section shall become operative on July 1, 2011.

Section 23123.5 CVC goes on to state that:

(a) A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.

(b) This section shall not apply to manufacturer-installed systems that are embedded in the vehicle.

(c) A handheld wireless telephone or electronic wireless communications device may be operated in a manner requiring the use of the driver’s hand while the driver is operating the vehicle only if both of the following conditions are satisfied:

(1) The handheld wireless telephone or electronic wireless communications device is mounted on a vehicle’s windshield in the same manner a portable Global Positioning System (GPS) is mounted pursuant to paragraph (12) of subdivision (b) of Section 26708 or is mounted on or affixed to a vehicle’s dashboard or center console in a manner that does not hinder the driver’s view of the road.

(2) The driver’s hand is used to activate or deactivate a feature or function of the handheld wireless telephone or wireless communications device with the motion of a single swipe or tap of the driver’s finger.

(d) A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.

(e) This section does not apply to an emergency services professional using an electronic wireless communications device while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.

(f) For the purposes of this section, “electronic wireless communications device” includes, but is not limited to, a broadband personal communication device, a handheld device or laptop computer with mobile data access, or a pager.

In the article below, our California car accident attorneys will address:

• 1. Is talking on a cellphone while driving illegal under California law?
  • 1.1 What are the penalties if I talk on a cell phone while driving?
  • 1.2 Are there exceptions to the basic law?
  • 2.1 What are the penalties if I text while driving in California?
  • 2.2 Are there exceptions to the basic law?
  • 2.3 Can I use a GPS while driving?
  • 3.1 What are the most common defenses?
  • 3.2 Do I need an attorney?
  • 3.2 Do I have to go to court for a cell phone ticket in California?
  • 6.1 What is the violation of Vehicle Code 40508 VC?
  • 6.2 What are the penalties for violating Vehicle Code 40508 VC?
  • 9.1 What are California’s “speeding laws?”
  • 9.2 Is it illegal to run a stop sign in California?
  • 9.3 Is it illegal to run a red light in California?

  

  Pursuant to CVS 23123, you generally cannot talk on a cell phone or write or read text messages when driving in California because it causes distracted driving.

  1. Is talking on a cellphone while driving illegal in California?

  Yes. California Vehicle Code 23123 VC states:

  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. 1

  This driving law doesn’t apply to passengers. They can use handheld cell phones while traveling in a motor vehicle.

  Also note that this section applies to adults. Another section — Vehicle Code 23124 — makes it illegal for minors to drive while using a cell phone or handheld device.

  1.1 What are the penalties if I talk on a cell phone while driving?

  A violation of VC 23123 results in a base fine of $20 for a first offense and $50 for each subsequent offense. 2

  Please note the above dollar amounts are the base fines. The actual amount of a ticket will be significantly greater because of fees and assessments.

  1.2 Are there exceptions to the basic law?

  VC 23123 provides four exceptions to the basic law. The section doesn’t apply to:

  1. “a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity” 3 ;
  2. “an emergency services professional using a wireless telephone while operating an authorized emergency vehicle” 4 ;
  3. “a person driving a schoolbus or transit vehicle” 5 ; and,
  4. “a person while driving a motor vehicle on private property“ 6 .

  2. Is texting while driving illegal in California?

  Yes. California Vehicle 23123.5 VC states:

  A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving. 7

  An “electronic wireless communications device” includes, but is not limited to:

  • a broadband personal communication device,
  • a handheld device or laptop computer, and
  • a pager. 8

  2.1 What are the penalties if I text while driving in California?

  The penalties for violating 23123.5 are a base fine of $20 for a first offense and $50 for each subsequent offense. 9

  As with VC 23123, please note the above dollar amounts are the base fines. The actual amount of a ticket will be significantly greater because of fees and assessments.

  2.2 Are there exceptions to the basic law?

  Vehicle Code 23123.5 provides two exceptions. The section doesn’t apply to:

  1. “manufacturer-installed systems that are embedded in the vehicle“ 10 ; and,
  2. “an emergency services professional using an electronic wireless communications device while operating an authorized emergency vehicle” 11

  2.3 Can I use a GPS while driving in California?

  You can operate a mounted GPS while driving, provided that you can operate it with the motion of a single swipe or tap of your finger. 12

  

  Fortunately, there are legal defenses to cell phone tickets. An example is that the defendant was using a bluetooth during any cell phone use, rendering the phone a hands-free device.

  3. Are there legal defenses if accused of violating VC 23123 or VC 23123.5?

  There are legal defenses if you are accused of violating VC 23123 or VC 23123.5. It’s in your best interests to consult with an attorney before raising one.

  3.1 What are the most common defenses?

  There are three common defenses if you are caught talking on a cell phone or texting while driving in California. These are:

  1. You fit into an exception from the basic law.
  2. The police officer was mistaken about you talking on a cellphone or texting.
  3. The vehicle was not moving.

  3.2 Do I need an attorney?

  You can represent yourself when fighting a California speeding ticket. However, hiring an experienced lawyer to represent you is recommended.

  It’s advantageous to hire an attorney for three main reasons. These are:

  1. Prosecutors tend to offer better deals if you have a lawyer.
  2. Defense attorneys are knowledgeable on how to get charge reductions and dismissals.
  3. You generally do not have to go to court if you have an attorney.

  3.3 Do I have to go to court for a cell phone ticket in California?

  If you pay your traffic tickets online and on time, you do not have to appear in court.

  4. Does a cell phone ticket go on my driving record in California?

  A violation of either VC 23123 or VC 23123.5 will not result in points assessed on your DMV driving record. 13

  Please note that this is a good thing since points for traffic violations typically result in an increase in your insurance rates for several years.

  If you accumulate a certain number of points within a 1-,2- or 3-year period under the California point system, the DMV can declare you a negligent operator.

  If this is done, the DMV can suspend or even revoke your driving privileges. Either action requires a California DMV hearing.

  5. Do I have to attend traffic school if I violate California’s cell phone and handheld device laws?

  If you violate VC 23123 or VC 23123.5, you do not have to attend traffic school.

  However, you can voluntarily choose to do so. Generally, you can go to traffic school if:

  1. You have a valid driver’s license;
  2. The offense occurred while driving a noncommercial vehicle; and,
  3. Your ticket is for an infraction that is a moving violation.

  If you elect to go to traffic school, you must still pay your traffic fine. 14

  6. Can I ignore a ticket for violating VC 23123 or VC 23123.5?

  Two things happen if you ignore a cell phone or handheld device ticket. These are:

  1. You violate a new law, California Vehicle Code 40508 VC, for the failure to appear in court on a traffic citation; and,
  2. You may receive penalties for violating VC 40508.

  6.1 What is the violation of Vehicle Code 40508 VC?

  When you are issued a traffic ticket in California, the officer will have you sign a written promise to appear at the time and place specified.

  If you willfully fail to appear as promised, you violate Vehicle Code 40508 VC. 15 You willfully fail to appear when you are willingly a no-show. It doesn’t matter if you didn’t intend to break the law. 16

  Nor does it matter whether you’re guilty or innocent of the underlying traffic citation. 17 You violate Vehicle Code 40508 just by breaking a promise to:

  • Appear in court,
  • Appear to pay bail,
  • Pay bail in installments,
  • Pay a fine within the time authorized, or
  • Comply with any condition of the court. 18

  6.2 What are the penalties for violating Vehicle Code 40508 VC?

  Violation of Vehicle Code 40508 VC is a misdemeanor. The penalties are:

  • Up to six months in county jail, and/or
  • A fine of up to $1,000. 19

  7. Is it a crime if I talk on my cell phone or text while driving in California?

  It is not a crime if you violate VC 23123 or VC 23123.5.

  These violations are infractions under California law and you are not subject to incarceration.

  8. What is the effect of a cell phone or handheld device ticket on a personal injury lawsuit?

  If you violate either VC 23123 or VC 23123.5, and thereby cause an accident, you may be found negligent in a personal injury lawsuit.

  California law defines “negligence” as the failure to use reasonable care to prevent harm to yourself or to others. In the context of an auto accident, the negligent driver is at fault for the accident and may have to pay for any damages caused.

  Proving negligence in a personal injury case is sometimes difficult. In California though, you are considered “negligent per se” if you violate a statute.

  Negligence “per se” is a legal theory in which negligence is presumed based upon your violation of a statute or ordinance.

  This means you would be negligent per se if talking on a cellphone or texting while driving since you would be in violation of VC 23123 or VC 23123.5. 20

  Please note, however, that even if you are negligent per se, you may still be able to recover any damages you incur. This is because of California’s comparative fault laws.

  9. Are there laws related to VC 23123 and VC 23123.5?

  You may violate other California traffic laws when you either talk on your cell phone, or text, while driving. Some of the more common offenses include:

  1. Violating a California “speeding law;”
  2. Running a stop sign; and,
  3. Running a red light.

  9.1 What are California’s “speeding laws?”

  “Speeding laws” refers to those California laws that impose penalties for driving too fast. Some of these include:

  • The basic speeding law
  • Absolute speed limits
  • “Prima facie” speed limits
  • Driving over 70 miles per hour
  • Speeding in a construction zone
  • Excessive speed on a freeway

  Penalties for violating these speeding laws typically include a fine and one point assessed on your DMV driving record.

  As to fines, the exact amount of a speeding ticket will depend on the speed at which you were driving. The amount will also include a base fine, fees, and penalty assessments.

  If you exceed the speed limit, but were not driving more than 100 miles per hour, then the base fine of a ticket will be:

  • $35 if faster than the limit by 1 to 15 miles per hour
  • $70 if faster than the limit by 16 to 25 miles per hour
  • $100 if faster than the limit by 26 miles per hour

  9.2 Is it illegal to run a stop sign in California?

  California Vehicle Code 22450 VC states that you cannot run stop signs.

  This means that if you are entering an intersection with a stop sign, you must stop. And, you must stop at the first of the following:

  • A marked line
  • A crosswalk
  • The approaching street

  Complete stops are required. Rolling stops are not permissible under VC 22450. A rolling stop is when a vehicle is still in motion, even at the slightest of speeds.

  The penalties for running a stop sign in California include:

  1. A traffic ticket and an approximate fine of $340.17; and,
  2. One point on your DMV driving record.

  9.3 Is it illegal to run a red light in California?

  Vehicle Code 21453(a) requires you to stop at red lights.

  A violation of this code section typically results in two things. You will receive:

  1. A traffic ticket of about $595.34; and,
  2. One point on your driving record.

  References:

  1. California Vehicle Code 2312(a) VC.
  2. California Vehicle Code 23123 (b) VC.
  3. California Vehicle Code 23123 (c) VC.
  4. California Vehicle Code 23123 (d) VC.
  5. California Vehicle Code 23123 (e) VC.
  6. California Vehicle Code 23123 (f) VC.
  7. California Vehicle Code 23123.5 (a) VC.
  8. California Vehicle Code 23123.5 (f) VC.
  9. California Vehicle Code 23123.5 (d) VC.
  10. California Vehicle Code 23123.5 (b) VC.
  11. California Vehicle Code 23123.5 (e) VC.
  12. California Vehicle Code 23123.5 (c) (1) –(c) (2) VC.
  13. See same.
  14. See California Courts website.
  15. California Vehicle Code 40508 VC.
  16. CALCRIM 2240, endnote 1: You commit an act willfully when you do it willingly or on purpose. It is not required that you intend to break the law, hurt someone else, or gain any advantage.
  17. See same.
  18. California Vehicle Code 40508 VC, endnote 1.
  19. California Penal Code 19 PC. Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both.
  20. See also Shiver v. Laramee (Cal. App. 2d Dist., 2018) 24 Cal. App. 5th 395; Modisette v. Apple Inc. (Cal. App. 6th Dist., 2018) 30 Cal. App. 5th 136.