Did you get pulled over for using your phone while driving in Los Angeles, CA? A cell phone ticket shows up on your record; A second citation can add a point to your license. A Los Angeles cell phone and texting ticket lawyer at Fight My Ticket can help you fight the ticket. Text us your ticket at (323) 435-6045 for a free quote.
We have spent more than three decades helping Southern California drivers contest traffic citations of every kind, from a first cell phone ticket to repeat offenses that carry DMV points. Let us take a look at your case before you decide how to handle it.
Why Choose Fight My Ticket As Your Traffic Ticket Lawyer?
A distracted driving ticket in California is often treated as a throwaway citation, and plenty of drivers pay it without a second thought. That is usually a mistake. The citation still goes on your record. If it is not your first, the consequences can escalate and cost you more than you expected.
Drivers across Los Angeles, California, choose our Los Angeles traffic ticket attorneys because:
- We have more than 30 years of experience defending traffic citations throughout Southern California
- Our Los Angeles cell phone & texting ticket lawyers know how officers document handheld phone use and where those observations are flawed
- We can appear in court on your behalf for most infractions, so your schedule stays intact
- We handle everything from a first-time cell phone ticket California drivers want dismissed to repeat citations threatening a DMV point
- We offer a free consultation and affordable representation
A texting while driving ticket is not automatically a lost cause. Call us and let us help.
Cell Phone Use and Texting While Driving Laws in California
California regulates phone use behind the wheel through two related sections of the Vehicle Code. Both address handheld use, but they target slightly different conduct.
VC 23123 – Using Your Cellphone While Driving
Vehicle Code Section 23123 prohibits driving while using a wireless telephone unless it is specifically configured and used for hands-free listening and talking. This means you generally cannot hold a phone to your ear to talk while your car is moving.
A voice-activated Bluetooth call, a phone mounted on the dash, or a factory-installed hands-free system are generally compliant with the law. But if an officer saw the phone in your hand, that observation is often the entire case against you.
VC 23123.5 – Texting And Driving
Vehicle Code Section 23123.5 covers writing, sending, or reading text-based communications, along with holding and operating a handheld wireless device more broadly. This section reaches beyond text messages to emails, app notifications, and anything else you might read or type while driving.
Like Section 23123, the law allows limited exceptions, including a single swipe or tap to activate a mounted device in voice-operated, hands-free mode. Drivers under 18 cannot use wireless devices at all while driving outside a narrow emergency exception.
Penalties for Violating Cell Phone Use Laws While Driving
A California cell phone ticket carries a modest base fine, but the number on your citation is only part of the total penalty.
The base fine for a first offense is $20, with an additional $50 for each subsequent offense. Once the court adds mandatory penalty assessments and surcharges, a first citation typically costs somewhere in the $150 to $175 range. A repeat citation often runs $250 or more.
Historically, these tickets carried no DMV point at all, regardless of how many a driver accumulated. A first offense still does not carry a point on its own. But under Vehicle Code Section 12810.3, a second conviction for using your phone in a handheld manner adds one point to your driving record if it occurs within 36 months of the first.
The Consequences of Added Points
One added point may not sound dramatic, but it can push you closer to California’s negligent operator thresholds:
- 4 points in 12 months
- 6 points in 24 months
- 8 points in 36 months
If you surpass these limits, the DMV can suspend your license, regardless of how the underlying tickets started out. A repeat cell phone citation can also create complications with your insurer, since it now qualifies as a point-bearing moving violation.
Insurance Impact
Whether a texting while driving ticket California drivers receive affects their premium often comes down to timing and carrier practice.
A first citation, with no point attached, is less likely to increase premiums. A second citation within 36 months carries greater risks. Once the point lands on your DMV record, it is visible to insurers who pull your driving history, and many will treat it the same as any other moving violation for rating purposes.
Rate increases can add up over several years, well beyond the base fine for a ticket. That’s why a repeat citation is often worth fighting rather than simply paying.
Failure to Appear Risk
Cell phone and texting citations are infractions, which means you generally will not go to jail for a violation. But ignoring the citation can create additional exposure. Ignoring a distracted driving ticket California courts have mailed you can lead to a failure to appear charge under Vehicle Code Section 40508, along with added civil assessments and a possible hold on your license.
Responding by the deadline on the citation keeps you compliant with the law and avoids additional penalties.
Steps to Avoid Cellphone Use And Driving Violations
Most citations under these sections come down to whether the phone was in your hand. A few habits can help you stay on the right side of the law.
At a minimum, you should:
- Mount your phone before you start driving
- Set navigation, music, or calls before you pull out, so you are not adjusting settings mid-drive
- Use voice commands or a single tap on a mounted device rather than typing or scrolling
- Keep the phone out of your hand once the car is moving, even to check the time or glance at a text
- Pull over and park if you need to read or respond to something on the screen
None of these habits require expensive equipment. But they keep the phone out of your hand and reduce the risk that an officer pulls you over for a violation.
Exceptions to Laws Prohibiting Cellphone Usage While Driving
California’s cell phone laws include a handful of narrow exceptions that may allow you to challenge your ticket.
- Emergency calls. Drivers may use a handheld phone to contact law enforcement, a medical provider, the fire department, or another emergency service.
- Hands-free, voice-operated use. A phone specifically designed and configured for hands-free listening and talking is permitted, so long as it is actually used that way.
- Single swipe or tap. A mounted device may be activated with one tap or swipe to start a voice-operated, hands-free function, without the driver holding the phone.
- Emergency vehicle operators. Authorized personnel operating emergency vehicles in the course of their duties fall outside the general prohibition. School and transit bus operators. Drivers of these vehicles may use a device for work-related communications or in an emergency.
Whether a citation falls inside or outside these exceptions often depends on details the officer’s report may not fully capture, such as exactly how the phone was mounted or what function was actually in use at the moment of the stop.
Contact an Experienced Los Angeles Cell Phone & Texting Ticket Lawyer
A distracted driving ticket in California is easy to dismiss, but a second citation within three years can add a point to your record and follow you into your next insurance renewal. Before you pay it and move on, you should see if your ticket can be challenged and overturned.
At Fight My Ticket, we have spent more than three decades helping Southern California drivers challenge citations like these. Contact our Los Angeles cell phone and texting ticket lawyers today for a free consultation, and let us put our experience to work for you.
Fight My Ticket – Traffic Ticket Attorneys
8149 Santa Monica Blvd
Los Angeles, CA 90046
(323) 435-6045
