Arguably, the prohibition against using a wireless phone while driving is the most often disobeyed law in California. It may be an exaggeration to simply say everyone does it, but we all see numerous drivers on their phones every time we drive. Currently, the only penalty if you are caught is a monetary fine, but the legislature is seriously looking at making a second and subsequent offense reportable to the DMV as a point on your driving record. This has the potential to increase insurance premiums, and multiple offenders could face a license suspension. Cell phone tickets are often issued erroneously, and if you have been cited, or just wish to avoid a ticket, you should understand what the laws say and potential defenses you may have.

Hands Free Function

Both under VC 23123, addressing speaking on a cell phone, and VC 23123.5, which focuses on texting, there is an exception if the device you are using is configured for hands free operation, and you are actually using it in that manner. Note that merely because a device allows for hands free operation does not mean it was operated in that manner.

Under Age Drivers

Per VC 23124, if a driver is under the age of 18, it is impermissible to use a wireless phone even if it is capable of hands free operation.

Commercial Drivers

Similarly, VC 23125 prohibits driving a school bus or transit vehicle while using a wireless telephone.

Penalties

The base fines are relatively minimal; $20 for a first violation and $50 for subsequent convictions. However, fees and assessments added by legislative mandate result in the total penalties soaring to approximately $150 and $250, respectively.

Defenses

Some people are willing to pay the fine, and move forward. Others may seek to see justice done and look to consult an Orange County traffic ticket attorney to explore possible options. Depending on the facts and circumstances of your case, one of the following may be applicable:

• You were using your cell phone to contact an emergency services agency, such as law enforcement, a health care provider or the fire department
• You were using a feature of your device, such as the GPS function to locate a destination or the contact section to find a number to call, that is not a violation of the law
• You were using a device in the course and scope of your employment duties, under certain circumstances