California’s distracted driving laws prohibit all drivers from holding or manually operating a cell phone or electronic device while behind the wheel, including when stopped at a red light or sitting in traffic.
Drivers 18 and older may use a device only in hands-free mode with a properly mounted phone, while drivers under 18 face a complete ban on all phone use, even hands-free.
This article explains the specific rules under California Vehicle Code §§ 23123 and 23123.5, what counts as hands-free, the fines and DMV points you can expect for a violation, and the limited exceptions the law allows.
It also covers what to do if a distracted driver caused your crash and how those laws affect your right to compensation.
What Do California Distracted Driving Laws Cover?
Distracted driving is anything that takes your eyes off the road, your hands off the wheel, or your mind off driving. California’s laws specifically target handheld phone use, texting, and electronic device use behind the wheel, and they are enforced through three sections of the California Vehicle Code the official set of state laws that govern traffic and vehicles.
- Vehicle Code § 23123: Bans holding a phone while driving for all adult drivers.
- Vehicle Code § 23123.5: Bans texting, scrolling, and all electronic device use, which is known as the “no touch” law.
- Vehicle Code § 23124: Prohibits any phone use, even hands-free, for drivers under 18.
These rules have tightened significantly in recent years, so it is worth knowing exactly what is and is not allowed before you get behind the wheel.
What Is California’s No Touch Phone Law?
The no-touch law means you cannot hold your phone for any reason while your vehicle is in operation, not to check directions, not to scroll music, not even to glance at a notification. This applies whether you are moving at highway speed or sitting still at a red light.
Holding the phone at a stop: Illegal. The law applies anytime the vehicle is in operation, including at red lights and in stopped traffic.
Checking GPS in your hand: Illegal, even though looking at a mounted GPS screen is perfectly fine.
Scrolling music with the phone in your hand: Illegal, even if you are not looking at the screen.
The law is clear: if the phone is in your hand while you are behind the wheel, you are breaking the law. There are, however, a few ways you can still legally use your device.
What Is Legal Under the California Hands-Free Law?
Hands-free means you interact with your phone using voice commands, Bluetooth audio, or a single tap or swipe on a device that is properly mounted in your vehicle. Your phone must be secured on the dashboard, the center console, a 7-inch square in the lower-right corner of your windshield, or a 5-inch square in the lower-left corner.
| Action | Legal? |
| Holding a phone for a call | No |
| Mounted phone, single tap to answer | Yes |
| Voice command to send a text | Yes |
| Holding phone to check GPS | No |
| CarPlay or Android Auto via voice | Yes |
| Typing an address while driving | No |
If you are under 18, the rules are even stricter.
What Are the Phone Rules for Drivers Under 18?
Drivers under 18 cannot use any electronic communication device while driving, not even a Bluetooth headset or voice commands. The only exception is calling 911 or emergency services in a genuine emergency.
This restriction is treated as a secondary violation for minors. A secondary violation means an officer cannot pull you over for this reason alone; they must already have a separate reason to stop you, like speeding or running a stop sign, before they can issue a citation for phone use.
Are There Any Exceptions to California’s Distracted Driving Laws?
California’s distracted driving laws have very few exceptions, and they apply only in specific emergency or work-related situations.
- Calls to law enforcement, fire departments, medical providers, or roadside assistance during a genuine emergency.
- On-duty emergency personnel, including police officers, firefighters, paramedics, and tow truck operators.
- School and transit bus operators using a phone for work-related emergencies.
- Drivers operating a vehicle on private property.
There is no exception for rideshare or delivery drivers. If you drive for Uber, Lyft, DoorDash, or Amazon Flex, you are still required to use a mounted device and voice commands, just like every other driver on the road.
What Are the Fines and Penalties for Distracted Driving in California?
The base fines for distracted driving look small, but state and county fees push the real cost much higher.
First offense: $20 base fine, but roughly $150 total after all fees and assessments are added.
Second offense within 36 months: $50 base fine, but roughly $250 to $300 total after fees.
DMV point on your record: One demerit point is added after a second offense within 36 months.
A DMV point is a mark on your driving record that can trigger higher insurance premiums and, if enough points accumulate, a license suspension. In some cases, completing an approved traffic school course can prevent the point from appearing on your record.
Can Police Pull You Over for Phone Use Alone?
Yes for adult drivers, California enforces its phone laws under primary enforcement. Primary enforcement means an officer can stop you solely because they saw you holding a phone. They do not need another reason, like speeding or a broken taillight, to justify the stop.
This differs from the secondary enforcement rule that applies to drivers under 18 for hands-free violations, in which a separate traffic infraction must occur first.
What Other Behaviors Count as Distracted Driving?
California’s distracted driving laws go beyond phones. Any behavior that pulls your focus from the road can support a citation for reckless driving or driving at an unsafe speed, especially if it contributes to a crash.
Common non-phone distractions that can lead to liability include:
- Eating or drinking while driving
- Applying makeup, shaving, or grooming behind the wheel
- Reaching for objects in the back seat or on the floor
- Manually adjusting the radio or infotainment system
- Having a pet loose in the driver’s lap
While eating is not a specific traffic violation on its own, it can be used as evidence of negligence if it contributed to a crash that injured someone else.
How Does a Distracted Driving Ticket Affect Your Insurance?
A first offense typically does not affect your insurance rates because it carries no DMV points. A second offense within 36 months adds a point to your record, and that is almost always enough to trigger a rate increase from your insurer.
Completing an approved traffic school course after a qualifying offense may remove the point and protect your rates.
How to Stay Compliant Behind the Wheel
Building a few simple habits before you start driving keeps you legal and safe on California roads.
- Mount your phone securely before you start the engine.
- Set your navigation and music playlist before you put the car in gear.
- Turn on “Do Not Disturb While Driving” in your phone’s settings.
- Use voice commands for all calls, texts, and navigation adjustments.
- Pull over to a safe location if you need to handle your phone for any reason.
Even if you follow every rule, you cannot control what other drivers do and a distracted driver can change your life in a matter of seconds.
What To Do After a Distracted Driving Crash
California is an at-fault state, which means the driver who caused the crash is legally responsible for the damages. If a distracted driver hits you, they can be held liable for your medical bills, lost wages, and pain and suffering. Taking the right steps immediately protects both your health and your legal claim.
Steps To Take at the Scene
Call 911 right away to report the crash and request medical help if anyone is injured. Take photos of the vehicles, the road, and any visible damage, and collect contact information from the other driver and any witnesses. Never admit fault at the scene, even if you feel partially responsible.
Evidence That Proves Distracted Driving
Phone records: These can be subpoenaed to show whether the other driver was calling or texting at the moment of impact.
Surveillance footage: Cameras from nearby businesses, traffic signals, or dashcams may have captured the crash and the driver’s behavior leading up to it.
Witness statements: Bystanders who saw the driver looking at their phone before the crash can be powerful witnesses.
The police report: Officers often note observations about phone use or distracted behavior at the scene, which becomes part of the official record.
How We Build Your Case
At Krasney Law Accident Attorneys, we know exactly how to prove a driver was distracted. We subpoena cell phone records, secure surveillance video before it is deleted, and work with accident reconstruction experts to show precisely how the distraction caused the crash. Our team provides personal, one-on-one attention so that no detail in your case gets overlooked.
A distracted driving citation also helps establish negligence per se. Negligence per se means that because the driver broke a specific safety law, they are automatically considered negligent, which strengthens your claim significantly.
Talk to Krasney Law Accident Attorneys for Free
California’s statute of limitations gives you two years from the date of the crash to file a personal injury lawsuit, but critical evidence such as phone records and security footage can disappear much sooner. The sooner you act, the stronger your case.
Our skilled attorneys represent accident victims throughout California. We work on a contingency basis, which means you pay nothing unless we recover money for you. Contact Krasney Law Accident Attorneys today for a free consultation.
Frequently Asked Questions
Can I Hold My Phone at a Red Light in California?
No California’s no-touch law applies anytime your vehicle is in operation, including while you are stopped at a red light or sitting in traffic. You must mount your phone before driving or wait until you are safely parked.
Is Using FaceTime or Video While Driving Illegal in California?
Yes any video or streaming use of a handheld phone while driving violates Vehicle Code § 23123.5, and even a mounted device requires no more than a single tap to remain legal.
Are Smartwatches Subject to California’s Distracted Driving Laws?
California courts have not issued a definitive ruling on smartwatches, but using one in a way that visibly distracts you from driving can still support a reckless driving citation or a negligence claim after a crash.
Can I Type an Address into CarPlay While Driving?
No you may only interact with CarPlay or Android Auto using voice commands or a single tap on a mounted screen. Manually typing while the vehicle is moving violates the hands-free law.
Is Eating While Driving Illegal in California?
Eating is not a standalone traffic violation, but if it causes you to drive unsafely or contributes to a crash, it can be used as evidence of negligence in a personal injury claim against you.
