FAQs about Cell Phone Tickets Page

FAQs Regarding Over the Age of 18 Offenders

Since there is no point associated with a first offense, is it worth fighting?
Yes!  CVC§23123 (cell phone) and CVC§23123.5 (texting) are reportable offenses and they will be recorded; however the California Department of Motor Vehicle will not assign a violation point to a Motor Vehicle Record (M.V.R.).  Consider the costly fines and effects of a conviction.  In addition, an employer may check a driving record to determine your eligibility for certain jobs.  Repeated offenses may be of concern to the insurance company.  Further, some carriers will remove any added driver discounts for zero violations.

What are my options if I get a cell phone ticket?
The options are to take traffic school, pay the ticket and have it recorded (not reported), fight it in court with a phone record in hand, or to request a Trial by Written Declaration.

How long have these laws been in effect?
The laws were enacted July 1, 2008.

What is the difference between the laws?
The first law (CVC§23123 (a)) says drivers cannot use a handheld wireless telephone while operating a motor vehicle unless using a hands free device, the second law CVC§23123.5 says drivers may not text while driving (that goes for writing or reading) and the last law (CVC§23124) says drivers under the age of 18 may NOT use a wireless telephone or hands-free device while driving.

What if it is an emergency?
The law does permit you to make emergency phone calls without a hands free device.

What are the fines for a cell phone ticket?
While the base fine of talking on your cell phone while driving in CA may be $20 for the first offense, and $50 for subsequent offenses, as with most all tickets in CA there are additional costs added to the base fine amount which can more than triple that amount.

Will I receive a point on my driver license if I am convicted for a violation of the wireless telephone law? No.  The violation is a reportable offense and will appear on your driving record; however, the DMV will not assign a point to the violation.

Will the conviction appear on my driving record?
The violation will appear but no point will be added.

What if I don't live in California and the state I live in doesn't have a cell phone ban?
This law applies to you if you are driving in California and receive the ticket in California regardless of where you live.

Can I be pulled over just for using a cell phone or do I have to be doing something else wrong too?
 This is a primary offense, so an officer can pull you over just for talking or using a cell phone.

What exceptions are there?
The law does provide an exception for those operating a commercial truck (not a pick-up), implements of husbandry, farm vehicle or tow truck, to use a two-way radio operated by a "push-to-talk" feature or push-to-talk feature attached to a hands-free earpiece or other hands-free device.  Operators of an authorized emergency vehicle during the course of employment are exempt.  Drivers on private property are exempt.

Do the "hands-free" laws prohibit me from dialing on a cell phone while driving or just talking on it?
Drivers are not prohibited from dialing while driving, but drivers are strongly urged not to.

Can I use a Bluetooth or other earpiece?
Yes, provided both of your ears are not covered.

Can I use the speakerphone function while driving instead of using a Bluetooth or other earpiece?
Yes, but you can still get a ticket if the phone is being held in your hand while on speakerphone.

If I wasn't on the phone, should I have my attorney fight this in court?
You can have an attorney represent you in court, but if you have a compelling argument, a Trial by Written Declaration and the services of FightCellPhoneTickets.com will more than suffice, helping you to avoid expensive attorney fees in the process.

FAQ's Concerning Cell Phone Tickets for those Under the Age of 18

Can I still use a cell phone while driving as long as its "hands-free?"
No.  Drivers under the age of 18 may not use a cell phone, or any other electronic communication or "mobile service device" (including but, not limited to a broadband personal communication device, specialized mobile radio device, handheld device or laptop computer with mobile data access, pager, and two-way messaging device)  to speak or text while driving in any manner, even "hands-free."

Are there any exceptions?
Yes, in emergency situations to call police, fire, or medical agency.  This is the only exception.

Why is the law stricter for provisional drivers?
Statistics show that teen drivers lack driving experience and tend to take greater risks so they are more likely than older drivers to be involved in crashes especially where there are driving distractions such as talking or texting on wireless devices.

Will the restriction appear on my provisional license?
No.

If I have my parent(s) or someone age 25 years or older in the car with me, may I use my wireless telephone while driving?
No, not unless you use your cell phone in an emergency situation.

Can a law enforcement officer stop me for using my "hands-free" device while driving?
This is considered a SECONDARY violation for drivers under the age of 18.  An officer can cite you for using a "hands-free" wireless device if you were pulled over for another violation.  However, the prohibition against using a "handheld" wireless device while driving is a PRIMARY violation for which a law enforcement officer can pull you over.