California Vehicle Code sections 23123 and 23123.5 make up the state’s hands-free cell phone laws. Drivers cannot hold and use a cell phone or other wireless communication device while driving. Cell phone use and navigation are allowed for drivers 18 and older only if the device is voice-controlled or mounted and operated with a single touch.
Our experienced San Bernardino car accident lawyers explain the laws involving cell phone use while driving in California.
Overview of California’s Hands-Free Cell Phone Law
California’s hands-free rules are based on four separate laws:
- California Vehicle Code § 23123 prohibits driving while using a handheld wireless telephone.
- California Vehicle Code § 23123.5 prohibits driving while holding and operating a wireless communications device.
- California Vehicle Code § 23124 prohibits all wireless communication device use for drivers under 18.
- California Vehicle Code § 2312.5 outlines the rules and exceptions for school bus and transit vehicle drivers.
In 2025, the Court of Appeals clarified in People v. Porter that holding and looking at a phone while driving is a violation.
History of California’s Cell Phone Driving Laws
California first banned cell phone use while driving in 2008. Since then, the laws have been revised several times, including adding license points for violations and classifying the offense as a primary one. In 2017, the law was updated to make California a fully hands-free state. Courts have since faced questions about which devices fall under the law and what counts as “holding” a device.
The 2025 People v. Porter decision clarified that drivers must be hands-free in nearly all situations, aside from a few specific exceptions.
What Drivers Can and Cannot Do Under the Law
Under California’s hands-free rules, the following apply.
Drivers CAN:
- Talk using a device that is designed for hands-free use.
- Swipe or tap once to activate or deactivate a mounted device.
- Make emergency calls to 911 or contact police, fire, ambulance services, or other first responders.
- Use a mounted GPS, navigation system, or app that does not block visibility, as long as only one tap or swipe is used to operate it.
- Use manufacturer-installed vehicle control systems.
Drivers CANNOT:
- Hold a phone and talk on it while driving, even if using the speaker.
- Send or read texts or emails while driving.
- Hold a phone to use an app.
- Manually dial a phone number.
- Start or stop music or a podcast if it requires more than one touch.
- Call friends, relatives, or an employer while holding the phone, even if the call is urgent.
- Watch videos or shows on a phone that is in their hand.
- Use any wireless communication device if they are under 18, even hands-free.
Penalties for Violating California’s Hands-Free Driving Rules
A hands-free violation is an infraction. The first offense carries a $20 fine. A second or later offense carries a 50 dollar fine, although additional fees can increase the total amount.
A second offense within 36 months results in one point on the driver’s license. California begins negligent driver sanctions at four points within 12 months.
How Hands-Free Laws Apply to Teen Drivers
California’s limited exceptions for hands-free use do not apply to teen drivers. Anyone under 18 is prohibited from using a wireless communication device while driving, even if the device is hands-free.
The controlling statute is California Vehicle Code section 23124. Penalties are the same as for other hands-free violations. However, officers cannot stop a vehicle solely to check for a violation of this section because it is not classified as a primary offense.
How Cell Phone Use Causes Distracted Driving Accidents
According to the National Highway Traffic Safety Administration, about 3,000 people die each year in crashes involving distracted driving. Cell phone use distracts drivers in several ways.
A driver’s hands are taken off the wheel, and their eyes may shift to the device instead of the road. Mental distraction also plays a role, as phone use can slow reaction time, reduce awareness, and impair judgment. These factors increase the risk of collisions that cause injuries, economic losses, or fatalities.
Can Cell Phone Violations Affect Your Personal Injury Claim?
Yes. A cell phone violation may support a negligence claim. If a distracted driver causes a crash, they may be liable for injuries and damages.
Cell phone use can also affect the injured person’s claim. If their phone use contributed to the crash, comparative negligence rules apply, and their compensation may be reduced.
California follows a pure comparative negligence system.
How Police Prove a Driver Was Using a Phone
Police commonly rely on their own observations and testimony. An officer may claim they saw a driver holding a phone, though their vantage point may have been limited, and memory may not be perfect. Police may also use a driver’s own admissions, surveillance footage, dash camera videos, and witness statements.
Drivers are not required to unlock their phones for the police. While officers typically do not seek warrants for civil infractions, they may seek a search warrant if they believe criminal activity is involved.
What To Do If You Are Hit by a Distracted Driver in California
If you are struck by a distracted driver, stop your vehicle. Call 911 and make sure anyone injured receives medical attention. Tell the responding officer that you believe the other driver was distracted. Write down statements from the driver and any witnesses as soon as you can.
Contact an Experienced San Bernardino Car Accident Lawyer
If you were injured by someone who violated California’s cell phone laws, contact LA Century Law. Speak with an experienced San Bernardino car accident lawyer who can explain how the hands-free laws apply and help you understand what your claim may be worth. Call or message us today.
Call Us Today - It's Free!