California drivers must not use cellphones unless they can be operated “hands-free.”
California Vehicle Code (CVC) makes a violation of the law an infraction, but not a crime in most cases. However, the charges can expand when a distracted driver causes an accident.
- 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.
Hands on the Steering Wheel and Off the Phone
CVC 23123 prohibits using a cellphone while you’re driving that isn’t used as a hands-free device.
These exceptions do exist:
- Drivers can use their cellphones in an emergency situation to call someone like the police, a doctor, the fire department, or other emergency services.
- Emergency personnel can use their cellphones as long as it’s related to their duties.
- A person using a school bus or public bus or vehicle can use a cellphone if related to their duties.
- People driving on their own property can use a cellphone.
- According to CVC § 23123.5, drivers can touch their phones to make a single swipe or tap if it’s mounted in a safe place. This type of action shouldn’t be used for anything but phone calls.
See: The different cellphone rules for California teen drivers.
The Punishment for Using a Phone While Driving
A charge under CVC 23123 would count as an infraction. Drivers would pay $20 (plus court fees) for a first offense and $50 (plus court fees) for each following offense.
Other laws can add misdemeanor and felony charges when cellphone distraction causes accidents, injuries, and death.
See: The law regarding texting and driving in California
California DMV Cell Phone Safety
Section 8 of the DMV’s California Driver’s Handbook goes over the physical realities of what’s expected of drivers using cellphones.
The handbook explains that drivers can use cellphones in hands-free mode; cellphones should only be used when necessary.
They offer these safety instructions:
- Do not answer your cell phone if it rings. Let the call go to voicemail. If you must return or make a call, pull safely off the road.
- Do not send or read text messages or emails while driving.
- Mount your cell phone on the windshield, dashboard, or center console. It cannot block your view of the road.
- Use the single swipe or touch feature on the mounted cell phone.
Proving a Driver Was on a Cellphone
A driver may have been clearly texting or holding a phone to their ear when an accident occurred, but the investigating officer may have no way of knowing that. They may only have your word to go on.
That’s why it’s important to gather evidence on the scene and report what you saw. If it’s safe to do so, you should take photos at the scene of the damage to vehicles and markings left on the pavement.
You should talk to witnesses and find out what they saw. Get their contact information.
Give police officers or the CHP a full account of what you saw before the crash. Let them know that the other driver was on a phone.
A skilled California attorney can also examine cellphone records and secure eyewitness testimony to help you prove a driver was fully to blame.
How Do I Know If I Need a Lawyer After a California Accident?
If you are seriously hurt by a driver on a cellphone, it’s a good idea to talk over your case with a skilled California car accident lawyer.
With a more serious injury, you’ll need much more in support to pay for recovery. That means higher bills and more time missed at work. The building expenses can mean car insurance companies will fight you harder on accepting blame. They may even try to blame you for the accident. A lawyer can fight back on your behalf and often earn you more to rebuild your health and your life.
Maison Law offers a free case consultation to all injured California accident victims. It’s confidential, and it comes with no obligation.