California bans holding and operating handheld phones for calls, texting or any other reason while driving.
Law enforcement may stop drivers solely for violations of the California no-touch phone law.
The law applies to all drivers, including delivery and rideshare drivers.
A 2014 court decision limited California’s older phone law to talking and listening. Lawmakers responded in 2016 with a broader ban. A June 2025 appeals court ruling confirmed that the ban covers viewing a map on a handheld phone.
Hands-free cell phone use is still legal within specific limits.
Citations can matter well beyond traffic tickets when they happen during distracted driving crashes.
Call us today for a FREE consultation at (800) 718-4658 or contact us if you or a loved one has been injured by a distracted driver, and keep reading to see how distracted driving laws in California can affect your potential claim.
Table of Contents
- What California’s No-Touch Phone Law Prohibits
- How the Porter Ruling Closed the Navigation App Loophole
- What Still Counts as Hands-Free Driving
- Exceptions to the No-Touch Phone Law
- Fines and DMV Points for a Violation
- No Touch Law: California Accident Liability
What California’s No-Touch Phone Law Prohibits
California Vehicle Code section 23123.5 bans driving while holding and operating handheld phones or wireless communications devices.
The ban covers all functions of handheld devices, including phone calls, texting, browsing, photos and videos.
The handheld phone use rule applies any time that the vehicle is on a public road. This includes while stopped at a red light or sitting in stopped traffic.
This law is broader and newer than the original California hands-free-for-calls law. It was adopted after lawmakers found the earlier rule to be too narrow for modern smartphones.
How the Porter Ruling Closed the Navigation App Loophole
The California Court of Appeal, Sixth Appellate District, in June 2025, ruled in People v. Porter that holding a phone to view a mapping app is a violation of section 23123.5.
The driver in that case argued that just looking at GPS directions wasn’t “operating” the phone because he wasn’t touching the screen or typing.
The court disagreed. It held that operating a phone covers any use of its handheld functions while driving, including the viewing of apps.
The court noted that it wasn’t deciding if simply holding a phone that is turned off, or locked so apps and notifications can’t be accessed, is a violation. Mounting the phone or keeping it out of reach entirely avoids this question.
Many drivers only learned about this new cell phone law in California via coverage of the Porter decision. However, the underlying statute change dates back to 2016.
What Still Counts as Hands-Free Driving
Phones stay legal to interact with when they are mounted on windshields, dashboards or center consoles in ways that do not block drivers’ views of the road.
Drivers may use only a single swipe or tap of a finger to activate or deactivate features once phones are mounted.
Drivers may use voice commands to interact with their phones while driving. Voice-activated calling, texting and navigation are allowed for drivers 18 and older. This includes using voice commands through phones or connected in-vehicle systems.
Manufacturer-installed, embedded vehicle systems are not covered by the law. They are not affected by the mounting or single-tap rules.
California also regulates where devices can be attached to windshields. This includes separate dashcam mounting rules.
Drivers under the age of 18 can’t use phones while driving, even hands-free, under Vehicle Code section 23124. Officers can’t stop a minors only to check for hands-free use, but minors holding phones can be stopped under section 23123.5
Exceptions to the No-Touch Phone Law
Aside from the mounting, single-tap and built-in vehicle system rules, Section 23123.5 has one other exception: emergency services professionals who are operating authorized emergency vehicles while on duty.
Ordinary drivers who hold phones to report emergencies, like calling 911 after seeing an accident, are not automatically covered by the exception. The broader personal emergency-call exception exists under Vehicle Code section 23123 instead of section 23123.5.
Fines and DMV Points for a Violation
First offense fines carry a $20 base fine. However, they end up being around $136 after assessments and fees.
Each subsequent offense carries a $50 base fine. A subsequent conviction occurring within 36 months of a prior conviction for the same offense also results in one DMV point.
A first conviction does not add a DMV point, although the conviction can still appear on the driver’s record.
Repeat violations which add points can factor into future insurance rates and DMV license review.
No Touch Law: California Accident Liability
Holding and using a phone while driving can also cause you to be held liable for an accident in California.
Distracted driving is dangerous. 148 lives were lost due to distracted driving in California in 2022, according to the NHTSA. However, it can also end up costing you a lot of money if you get in an accident.
Citations for or admissions of phone use may be used as evidence of negligence per se in California injury claims. Insurance companies might argue you’re at fault based on evidence of your phone use.
California follows a pure comparative negligence system. Proof that you were holding and using a phone can shift a larger share of fault and damages onto you.
Distracted driving has remained a factor in a significant number of California traffic fatalities in recent years, according to NHTSA crash data.
Phone records, dashcam footage and witness statements are often the most important evidence when proving that a driver was operating a handheld device when an accident occurred.
Call us today for a FREE case evaluation at (800) 718-4658 or contact us if you or a loved one has been injured or killed by a distracted driver. We have been helping those injured in car accidents obtain financial compensation and justice since 1990. We will handle the details of your claim for you, including communicating and negotiating with insurance companies, so you can focus on healing from your injuries. We will charge you no legal fee until we win your case.
