California Cell Phone Driving Laws | Everything You Must Know

Driving in California is chaotic enough without checking a text message. We all know we shouldn’t do it. Yet, look over at the driver next to you at a red light. There’s a good chance they are looking down at their lap.

If you are just looking to avoid a ticket, the rules are strict but simple. But if you are reading this because you or a family member was hurt by a distracted driver, the stakes are much higher. You aren’t worried about their $20 fine. You are worried about your medical bills.

California has some of the toughest distracted driving laws in the country, with its specific mechanics of the “No-Touch” statute.

This article breaks down exactly what is legal, what isn’t, and how these traffic violations become critical evidence in personal injury lawsuits.

핵심 요약

• Holding is the violation: It doesn’t matter if you are using the phone or not. Simply holding a device while driving is illegal under VC 23123.5.
• Red lights don’t count: You are still considered “operating” the vehicle when stopped at a light.
• Points on your record: As of 2021, a second offense within 36 months adds a point to your DMV record, which will spike your insurance.
• Liability shift: If a driver hits you while violating the phone law, the legal doctrine of Negligence Per Se can help fast-track your injury claim.

The Core Rule: Hands-Free and “No-Touch” Explained

There is a lot of confusion about what “hands-free” actually means. Some people think if they put the phone on speaker but hold it in their hand like a slice of pizza, they are safe. They aren’t.

The law is clear. California Vehicle Code 23123.5 prohibits driving while holding a handheld wireless telephone unless it is designed for voice-operated, hands-free operation. The keyword here is holding. If a police officer sees the phone in your hand, that is enough for a stop.

So, how do you use maps or change a song legally?

The state allows for a “single swipe” rule. You can use your hand to activate or deactivate a feature, but only with a single swipe or tap of your finger. But there is a catch. The device must be mounted. It has to be on the dashboard, the windshield, or the center console. If it’s sitting on the passenger seat and you pick it up to swipe, you’re breaking the law.

Common Myths vs. Legal Reality

We hear a lot of excuses from at-fault drivers after accidents. They usually think they found a loophole. Usually, they are wrong.

Can you be on your phone at a stoplight in California?

No. This is the most common myth we see. Drivers think that because the wheels aren’t turning, they aren’t “driving.” The courts disagree. In People v. Nelson, the court ruled that a driver stopped at a red light is still “operating” the vehicle. The reasoning is sound: you need to be aware of your surroundings even when stopped. If the light turns green and you are finishing a text, you are a danger to pedestrians and other cars.

Is using GPS allowed?

Yes, but you cannot program it while moving. You need to set your destination before you shift into drive. Once you are rolling, you can look at the mounted screen, but you cannot type in a new address.

Can I scroll through Spotify?

Technically, no. The law allows a single tap. Scrolling through a playlist requires multiple swipes and sustained visual attention. That exceeds the limit of the law.

Special Restrictions: Minors and Commercial Drivers

The rules get tighter depending on who is behind the wheel. California takes a zero-tolerance approach with teenagers.

If you are under 18, you cannot use a device at all. Even hands-free is illegal for minors. It doesn’t matter if it’s Bluetooth or played through the car speakers. If you are under 18 and the phone is in use, it’s a violation.

The state also holds professional drivers to a higher standard. School bus and transit vehicle drivers are prohibited from using wireless telephones for personal reasons while driving. When you are responsible for dozens of passengers, there is no room for a quick phone call.

The Financial Cost: Fines and Insurance

Most people assume the ticket is cheap. They hear “20 dollars” and shrug it off.

It is true that the base fine for a first offense is roughly $20. But that is misleading. Once you add in penalty assessments and court fees, the actual cost comes out to approximately $162.

If you get caught a second time, the base fine jumps to $50, which brings the total ticket cost to around $285.

But the real cost isn’t the ticket. It’s your insurance premiums.

For years, cell phone tickets were just non-moving violations. They didn’t really hurt your driving record. That changed recently. Under Assembly Bill 47, effective July 2021, a driver receives one point on their DMV record if they get a second cell phone violation within 36 months.

One point sounds small, but it ruins your “Good Driver” discount. Over three years, that single point can cost you thousands in increased premiums.

Beyond the Ticket: Civil Liability in Catastrophic Accidents

This is where DK Law steps in. If someone hits you because they were looking at a screen, a $162 ticket doesn’t help you pay for surgery or cover your lost wages.

However, that ticket is a powerful weapon in a civil lawsuit.

In California law, we use a concept called Negligence Per Se. Evidence Code § 669 states that if a person violates a statute (like the cell phone law) and that violation causes the exact type of harm the law was meant to prevent, the driver is presumed negligent.

Basically, you don’t have to prove they were a “bad driver” in the abstract. You just have to prove they broke the law.

Proving the Distraction

The other driver will almost always lie. They will say, “I wasn’t on my phone, I was just changing the AC.”

We don’t just take their word for it. In serious injury cases, we dig deeper. We can subpoena phone records to see data usage timestamps. We look at social media activity. If they posted an Instagram story or sent a text at 4:12 PM, and the police report says the crash happened at 4:13 PM, that is hard evidence.

This is critical because distracted driving is still a massive killer. In 2021 alone, 140 people were killed in California crashes involving a distracted driver. Those aren’t just numbers. Those are families destroyed by a text message.

What to Do If You Are Hit by a Distracted Driver

If you are in a crash and you suspect the other driver was distracted, you need to act fast. The evidence is digital, and it can disappear.

1. Check for the Phone: Immediately after the crash, look at the other driver. Are they frantically trying to hide a phone? Did you see it in their hand before impact?
2. Tell the Police: When the officer arrives, state clearly: “I believe the driver was using their phone.” Ensure this note makes it into the police report.
3. Medical Care: Go to the doctor. The adrenaline will mask your pain, but injuries from car accidents often show up days later.
4. Silence: Do not talk to the other driver’s insurance company. Their goal is to get you to admit partial fault or accept a lowball offer before the full extent of the distraction is revealed.

The Bottom Line

Put the phone down—the consequences of distracted driving can last a lifetime.

If you or a loved one suffered a catastrophic injury due to a driver who prioritized a text over your safety, you need someone to fight back. We have the resources to uncover the digital evidence and prove liability. Contact DK Law today for a free consultation. We handle the legal battle so you can focus on healing.