California Vehicle Code 23123.5(a), expanded significantly by AB 1785 in 2017, prohibits a driver from holding and operating a wireless device for any purpose while driving — including texting, scrolling social media, checking maps, or any other handheld use. Unlike the earlier VC 23123 (which focused on phone calls), this section covers all handheld device interactions. Officers issue citations when they observe a driver holding and looking at a phone while in motion. It is a non-point infraction but the fine grows with repeat offenses.
A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or a wireless communications device unless the wireless telephone or wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it 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 manufacturer-installed systems that are embedded in the vehicle.
Amended by Stats. 2016, Ch. 660, Sec. 3. Effective January 1, 2017.
Fine & Penalty Amounts
Estimated totals include all mandatory state and county penalty assessments. Actual amounts vary by county court.
Violation Range
Est. Total with Assessments
Notes
First offense
~$162
Non-point infraction.
Second or subsequent
~$285
Each subsequent offense after the first.
Base fines are set by VC 23123.5. Estimated totals include California's mandatory penalty assessments. Actual totals vary by county. VC 23123.5 is a non-point infraction — a conviction does not add DMV points, but the citation may appear on your driving record.
Frequently Asked Questions
Common questions drivers search for after receiving this citation.
California Vehicle Code 23123.5(a) prohibits holding and operating any wireless device while driving — this includes texting, scrolling, using navigation apps, checking notifications, or any other purpose that requires holding the phone. The key element is holding the device. Hands-free use — voice commands, mounted GPS, Bluetooth — is generally permitted.
VC 23123 specifically addresses using a wireless telephone for calls without a hands-free setup. VC 23123.5, expanded by AB 1785 in 2017, broadly prohibits holding and operating any wireless communications device for any purpose while driving. Most modern citations for phone use reference 23123.5, as it covers the widest range of handheld device use.
No. VC 23123.5(a) is a non-point infraction. A conviction does not add DMV points. However, the citation appears on your driving record, and some insurers may consider non-point convictions when rating your policy.
Yes. Defenses include demonstrating the device was not in use or was being used hands-free, that use was for a qualifying emergency, or that the vehicle was stopped off the roadway. A Trial by Written Declaration lets you contest the ticket in writing without appearing in court.
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