A California Court of Appeals ruling which was filed on June 3 found holding your phone and looking at a navigation app while driving is illegal, even if it does not involve active manipulation of the phone.
The case involved a driver who contested a citation he was given. The driver as well as the police officer who cited him both agreed that he was viewing a mapping application while he held his phone and drove.
State law in California prohibits “holding and operating” cellphones while driving. The driver, while contesting the citation, argued that merely viewing a mapping app didn’t constitute “operating” his phone because he was just looking at the screen and not actively manipulating the device.
The appeals court upheld the citation, ruling that “operating” prohibits all uses of devices’ functions while driving, including observation of mapping applications, finding that this interpretation upholds the spirit of the law in terms of preventing distracted driving.
The court’s desire to prevent distracted driving is understandable, as distracted driving claimed 3,275 lives in 2023.
Is It Illegal to Hold Your Phone While Driving in California?
It’s illegal to hold a phone while you drive in California, even when it comes to using navigation apps, thanks to California Vehicle Code Section 23123.5.
Using a phone for any reason, even looking at a map, while you hold the phone in your hand, is illegal.
The purpose of this law is to reduce distracted driving and encourage drivers to look at the road.
Here is a detailed breakdown:
- Ban on handheld cell phone use: Drivers are prohibited by California law from holding electronic communication devices such as cell phones while driving. This applies regardless if the device is being used for texting, navigation or another purpose. This applies even if you aren’t actively using the device to text or talk. It can be unsafe and distracting to simply hold a phone, even when you aren’t actively using it.
- Law applies at red lights: You are not even allowed to hold a phone while driving in California while at a red light.
- Hands-free use is not illegal: You may use a phone for navigation or calls if the phone is mounted on the windshield, center console or dashboard and is used hands-free, like via voice commands, Bluetooth or your vehicle’s integrated system.
- Single swipes or taps of mounted devices are OK: Drivers are allowed to deactivate or activate functions or features of mounted devices with the motion of a single tap or swipe of their finger. Prolonged interaction while driving is prohibited.
- Emergency calls are OK: Drivers are allowed to use phones to make emergency calls to medical providers, a law enforcement agency, fire departments or other emergency services agencies, according to the California Highway Patrol.
- Drivers under 18 can’t use any devices while driving: Under California Vehicle Code Section 23124, drivers under the age of 18 cannot use any electronic wireless communications devices, including mounted or hands-free devices, while driving. The exception is using devices for emergency purposes, which is allowed.
- Consequences: Violating the cell phone law in California can lead to fines and a cell phone ticket. Second or third offenses may lead to license penalty points. In addition, if an accident is caused by distracted driving, the driver could get held liable for any damages that result.
- Exceptions: Operators of authorized emergency vehicles are exempt from the law, as are motorists operating vehicles on private property.
- Enforcement: Law enforcement is stepping up its efforts to enforce this law.
- Impact: The new law seeks to reduce accidents which are the result of distracted driving, a serious issue.
Is it Legal to Use Your Phone at a Red Light in California?
It is illegal for drivers in California to hold their phones while stopped at red lights.
While vehicles aren’t moving while stopped at red lights, they are still technically being “operated.” Electronic devices like cell phones can only be used by drivers when they are not in the drivers’ hands.
Courts have ruled against drivers using phones while stopped. Using your phone while holding it is only legal when your car is parked.
It is not OK to hold your phone under any circumstances while driving. This can feel safe, but can result in an accident.
Is Texting and Driving Illegal in California?
Yes. It is illegal in California to text while driving. Texting while driving is considered “using” a handheld device, and is prohibited.
Drivers in California are prohibited from using handheld wireless telephones while they drive. This includes reading, writing and sending texts. This also applies to social media use.
Key points:
- Texting at red lights is not allowed: You may think it’s OK to text while at a red light, but this is still illegal.
- Hands-free texting is not allowed: Texting while driving is prohibited in California, even when hands-free devices are used for it.
- Only single swipes or taps allowed: While drivers are allowed to use single swipes or taps of a mounted device, texting involves more than just a single tap, so it is not allowed.
- You can be pulled over just for texting while driving: The police can pull over drivers simply for texting while driving, even when no other violations get observed.
- Penalties: First offenses can lead to fines. Repeat violations may lead to higher fines as well as penalty points on your driver’s license.
Can You Use a Mounted Phone While Driving in California?
Yes. It is OK to use a phone mounted to the dashboard, windshield or center console. However, drivers may only use single finger swipes or taps with mounted devices. Prolonged interaction with mounted devices while driving is prohibited.
Voice commands using features like Siri or Google Assistant are allowed.
Penalties and Fines for Holding Your Phone While Driving in California
Technically, under California’s distracted driving laws, first offenses are $20 fines and subsequent offenses are $50 fines.
However, these are the base fines and do not include fees and assessments.
- First offenses: While the base fine is $20, with fees and assessments, a first offense will typically cost a driver over $160.
- Subsequent offenses: While the base fine is $50, with fees and assessments, subsequent offenses will typically cost drivers over $285.
- Licence points: Subsequent offenses within 36 months will lead to a point on your driver’s license. This may lead to increases in insurance premiums.
- License suspension potential: If you accumulate too many points, meaning four points in 12 months, six points in 24 months, or eight points in 36 months, your license can be suspended.
The above penalties and fines also apply to texting and driving.
When Did It Become Illegal to Talk on the Phone While Driving in California?
It became illegal to talk on the phone using a hand-held cell phone while driving in California on July 1, 2008. On the same date, it also became illegal for drivers under the age of 18 to use hands-free devices while driving.
In addition, on January 1, 2009, it became illegal in California to read, send or write texts on mounted or handheld devices while driving motor vehicles.
What If a Distracted Driver Hits Me While On the Phone?
If you are hit by a driver who is distracted by their phone, you should:
- Get to safety: If possible, move your vehicle to a location which is safe and well-lit. Turn your hazard lights on. If you can’t move your vehicle, make sure you and everyone else is moved to a safe location, but don’t leave the accident scene.
- Secure the vulnerable: Ensure that children, pets, seniors and the disabled are safe. Don’t remove children from car seats – let first responders do this so they can check them for injuries first.
- Call 911: Call 911 if anyone has even minor injuries.
- File the necessary reports: Any accidents leading to death or injuries need to be reported to the police or the CHP within 24 hours. Any accidents leading to death, injuries or over $1,000 in property damage need to be reported to the DMV within 10 days. Get a copy of the police report, as this can be very important when it comes time to try to recover compensation from an insurance company.
- Watch what you say: Don’t talk at the scene of the accident any more than is necessary to simply exchange information. Don’t apologize or admit fault for the accident. What you say can and will be used against you.
- Don’t make accident scene deals: Don’t make deals with other drivers to accept cash or pay instead of going through insurance. You could be exposed to significant expenses in the future if you do this.
- Gather the right info: Collect the names, insurance information, contact information, driver’s license numbers and vehicle types, colors and models of any other drivers involved. Get witnesses’ contact information. Note the accident location. Take pictures and videos of vehicle damage, injuries and the scene of the accident from multiple angles. Write down what happened as soon as possible since memories can fade quickly.
- Receive medical attention promptly: Do this even if you don’t think you’ve been hurt all that badly. Many injuries won’t display symptoms for quite a while after an accident. Failing to promptly have your injuries documented by a medical provider can lead to an insurance company refusing to pay for your injuries, claiming something other than your accident caused them.
- Don’t talk to at-fault parties’ insurers: At-fault parties’ insurance adjusters will try to trick you into saying the wrong things while you’re being recorded. Let a lawyer talk with the at-fault parties’ insurance companies for you so you don’t have to worry about accidentally saying the wrong thing and causing the value of your claim to plummet.
- Contact a car accident lawyer: If you or a loved one was injured or killed in the accident, contact an experienced car accident attorney. You won’t be able to recover the compensation you’re entitled to without a lawyer, as insurance companies aren’t willing to fully pay injury victims who can’t sue them and win over a low ball offer.
Our lawyers have been representing those injured in car accidents, including those injured by distracted drivers, since 1990. We have recovered over $750,000,000 for injury victims in California and throughout the country.
We help those injured in accidents get to doctors who don’t charge them for treatment until their cases end and we won’t charge you any fee to handle your distracted driving case until we win.
Call us today for a FREE consultation at (800) 718-4658 or contact us if you or a loved one was injured or killed by a distracted driver.
