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Increasing numbers of the population are completely dependent on their smartphones, finding it difficult to spend enough time away from their phones in order to drive from one place to the next. In California, a “hands free” law is in effect that prohibits the use of cell phones while driving. However, many people are confused as to which behaviors constitute “use” of a cell phone, resulting in a number of traffic tickets. To help clarify the issue, here is what is allowed and not allowed for use in vehicles.
Not allowed and will result in a cell phone ticket in California. All of these actions infringe the hands free law, and can draw the driver’s attention away from driving. Refrain from these behaviors at all times while operating a vehicle.
It depends. For drivers over the age of 18, this behavior is acceptable. However, drivers below the age of 18 years are not allowed to use a cell phone, regardless if it has been modified with hands free features. So, for drivers under 18 years of age, do not attempt to make any calls with your cell phone while operating a vehicle or you may end up with a cell phone ticket in California.
Using a smartphone as a GPS
Not allowed. Although holding and operating a similarly sized GPS device is allowable, this allowance is not transferable to a smartphone that is being used for purposes similar to a GPS. Instead, invest in a dock for the car, which would allow drivers to use their smartphones without preoccupying their hands.
Will I get a cell phone ticket in California by holding a cell phone without using or engaging it in any way?
Not allowed. Although individuals are not texting, calling, or using an app, the person’s driving abilities are still being impaired, and consequently this kind of behavior is prohibited.
Making a call for emergency purposes, such as notifying the police, fire department, or hospital
Allowed. In VC Section 23123, the DMV notes that prohibited use does not apply in emergency situations, in which an immediate emergency service is required.
Most likely the reason you are on this website is that you were issued a Traffic Ticket in California. If so, you are in the right place. If you have decided to contest a traffic ticket with a trial by written declaration we can help prepare your documents for you. We specialize in fighting traffic tickets for infractions and over many years and we have helped thousands of people to successfully beat their traffic tickets.
Traffic tickets can damage a person’s driving record and consequently impact automobile insurance premiums and cost a lot of money over the years. So, if you have decided to contest your traffic ticket we can help by preparing all the necessary documents for you for a trial by written declaration with the goal of getting a dismissal of the ticket.
We offer a 100% Money Back Guarantee of our $99 flat fee in the event that the traffic ticket is not dismissed. NO Gimmicks, No Forms to fill, No Hoops to jump through. Just send us the court’s decision letter showing you were found guilty and the ticket was not dismissed. After we verify the information, we will issue you a 100% refund of our $99 flat fee. It’s that simple, see Our Guarantee Page.
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