California has several laws banning the use of cellphones (wireless telephones) while behind the wheel. The first two laws prohibit all drivers from using handheld wireless phones or cellphones and drivers under 18 years old from using hands-free cellphones. A third law bans texting and other wireless device use while driving.
California's restrictions on cellphone use while driving are part of a nationwide trend. Many states also prohibit the use of handheld cellphones while driving and place restrictions on novice drivers. These new laws have been spurred by safety concerns. Some evidence suggests that drivers using cellphones are more distracted, increasing the risk of accidents. (To learn more about other states' cell phone laws, the debate over safety, and tips for driving safely while using cell phones, see the Nolo article Cell Phones, Texting, and Driving: State Laws.)
California’s law banning all drivers from using handheld cellphones while driving doesn’t affect passengers—they are free to use cellphones while traveling in an automobile. The law applies to anyone driving in California, whether the driver lives in California or not.
A few exceptions apply to the general ban. Handheld cellphones may be used:
The base fine for a first offense is $20. For second and subsequent offenses, the fine is $50. But remember—the actual amount you’ll pay once assessments are added will be significantly more than the base fine. The total for a first violation will likely exceed $150, and a second or subsequent offense can cost over $250.
A violation of the handheld cellphone ban will not count as a point on your driving record. (California uses a "point system" for moving violations. If you accumulate too many points, your insurance rates increase and you may lose your privilege to drive.)
The police have primary enforcement authority for a violation of the cellphone law—meaning, an officer can pull you over just for this infraction.
The rules for hands-free cellphones use while driving depend on the age of the driver.
For the most part, drivers who are at least 18 years old are allowed to use hands-free phones while driving. These drivers can use a Bluetooth or other earpieces, but cannot cover both ears. The law also allows drivers 18 years or older to use the speaker phone function of a wireless phone.
The law is more restrictive for drivers who are under the age of 18. These underage drivers cannot use a wireless telephone, pager, laptop, or any other electronic communication device (whether handheld or hands-free) to either speak or text while driving, period. The only exception is for using a wireless device in an emergency situation to call the police, fire, or medical personnel.
The fines and assessments for a hands-free cellphone violation are the same as those for a handheld cellphone violation. (See above.)
The ban on hands-free devices for drivers under 18 is a secondary violation. So, an officer cannot pull you over just for this infraction. An officer can, however, cite you for a violation if he or she pulls you over for another reason.
A separate law prohibits texting or any other use of a wireless device while driving. However, the law contains exceptions for:
The base fines for violating this law are $20 for the first offense and $50 for a second or subsequent offense. Again, additional penalty assessments can make the fine more than double the base amount.
For everything you need to know about fighting a traffic ticket and handling your own case in traffic court, get Fight Your Ticket and Win in California, by David Brown (Nolo).