Understanding Cell Phone Ticket Laws Page

In response to California Senate Bill 1613 signed by Governor Arnold Schwarzenegger in 2006, Californians now have to put down their cell phone while driving.  This law requires motorists to use a "hands-free device" when using a cell phone while driving.  The law applies to anyone driving in California, whether the driver lives in California or not.  The police do have primary enforcement authority for a violation of the cell phone law, which means that an officer can pull you over just for this infraction and issue you a traffic ticket.

V C Section 23123 Hand Held Wireless Telephone Prohibited Use

The Department of Motor Vehicles lists the following information regarding the prohibited use of a hand-held wireless telephone:

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 when using a digital two-way radio that utilizes a wireless telephone that operates by depressing a push-to-talk feature and does not require immediate proximity to the ear of the user, and the person is driving one of the following vehicles:
(1) (A) A motor truck, as defined in Section 410, or a truck tractor, as defined in Section 655, that requires either a commercial class A or class B driver's license to operate.
(B) The exemption under subparagraph (A) does not apply to a person driving a pickup truck, as defined in Section 471.
(2) An implement of husbandry that is listed or described in Chapter 1 (commencing with Section 36000) of Division 16.
(3) A farm vehicle that is exempt from registration and displays an identification plate as specified in Section 5014 and is listed in Section 36101.
(4) A commercial vehicle, as defined in Section 260, that is registered to a farmer and driven by the farmer or an employee of the farmer, and is used in conducting commercial agricultural operations, including, but not limited to, transporting agricultural products, farm machinery, or farm supplies to, or from, a farm.
(5) A tow truck, as defined in Section 615.
(f) This section does not apply to a person driving a schoolbus or transit vehicle that is subject to Section 23125.
(g) This section does not apply to a person while driving a motor vehicle on private property.
(h) This section shall become operative on July 1, 2008, and shall remain in effect only until July 1, 2011, and, as of July 1, 2011, is repealed.
Added and repealed Sec. 4, Ch. 290, Stats. 2006. Effective January 1, 2007. Operative July 1, 2008. Repeal operative July 1, 2011.
Amended Sec. 2, Ch. 214, Stats. 2007. Effective January 1, Operative July 1, 2008

NOTE: The preceding section is repealed January 1, 2011, at which time the following section becomes operative.
 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.
Added Sec. 5, Ch. 290, Stats. 2006. Effective January 1, 2007. Operative July 1, 2011.
Amended Sec. 3, Ch. 214, Stats. 2007. Effective January 1, 2008. Operative July 1, 2011

The Ins and Outs of Cell Phone Tickets' Inception and Rules

As the above information outlines, there are three laws relating to the cell phone ban, one prohibits using a cell phone while driving unless its hand free, the second prohibits texting while driving; the third applies only to drivers under the age of 18. 

The rules differ, depending on the age of the driver.  In general, drivers over the age of 18 will be allowed to use hands-free phones while driving.  These drivers can use Bluetooth or other earpieces, but cannot cover both ears.  The ban also allows drivers over the age of 18 to use the speakerphone function of a wireless phone.  Drivers are also allowed to dial a wireless telephone while driving, but are strongly urged not to do so.  The second law prohibits texting while driving.  The third law prohibits drivers under the age of 18 from using cell phone (even if hands fee) or any other mobile service device while driving to talk or text unless it is an emergency.
This law applying to drivers under the age of 18 is a secondary violation.  This means that an officer cannot pull you over just for this infraction, but an officer can cite you for a violation if he or she pulls you over for another reason.  There are no exceptions for emancipated minors, no exceptions if adults or parents are driving with you, and no exceptions for devices built into the car (such as Bluetooth).  The ban on using a hand held cell phone while driving is still a primary violation, meaning an officer can pull over drivers under the age of 18 just for this infraction and issue a traffic ticket.
Point Associated, Reporting and Recording of an Offense by DMV
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.
Costly Fines
While the base fine of talking on your cell phone while driving in CA may be $20, as with most all tickets in CA there are additional costs added to the base fine amount.

In California, the "Base Bail" for a cell phone ticket is $20 but if you think you can walk into the court hand the clerk a $20 bill and walk away, think again.

There are state and county fees typically as well as court costs to process the ticket and with the addition of penalty assessments; the fine can be more than triple the base fine amount!  The "Base Bail" is only the amount from which these additional costs are calculated.

Your $20 ticket can now have a "Total Bail" cost of $76.  Think it stops there?  Wrong!

In addition, a court security fee of $30 and a conviction assessment of $35 are charged IN ADDITION to the so-called "Total Bail" for this offense.

It really depends upon the county in which you are issued the ticket as to how much the total amount will be and if this is not your first cell phone ticket the base fine is $50 and will only go up from there.  The court listed on the ticket should be able to give you a breakdown of the fees and costs over the base fine for a cell phone violation.

Result of a first Conviction

Ticket convictions stemming from these cell phone laws are reportable offenses.  The CA DMV will not assign a violation point to your M.V.R. BUT...

The conviction WILL go on your California driving record!

In California, the DMV keeps a public record of all your traffic convictions and accidents.  The length of time that the violation remains on your record depends on the severity of the offense.  A cell phone ticket could remain on your record for 3 years.  If an employer checks the driving record then a cell phone ticket could affect work.  In addition, some insurance carriers will remove any added driver discounts for zero reported violations.  Not to mention a subsequent conviction WILL result in a point being assessed to your record and increased insurance costs!

Result of a subsequent Conviction

Expect higher fines than the first one and this time a conviction will result in a point being assessed to your driving record.

If you choose traffic school, you will have to pay even higher fines, even traffic school will not prevent the violation from showing up on your DMV record, and repeated offenses may be of concern to the insurance company.

If you can't take traffic school then expect a point to be assessed to your driving record and expect for costly insurance rate increases.
2010 California Legislative Updates on Cell Phone Ban
New legislation (California Senate Bill 1475) has been introduced to increase the fines and expand the scope of California's Hands Free and Text Messaging Law.
If the new bill were approved by State lawmakers, it would also extend the law to bicyclists and add a point to your driving record.