CVC 23123.5(a)Eligible for written declaration

Using Handheld Electronic Device While Driving

Driving while holding and operating a handheld wireless telephone or electronic wireless communications device, unless it is designed and configured for voice-operated, hands-free operation and used that way.

Reviewed by the TicketClear teamLast reviewed October 10, 2026

Fine: $158 (first offense)DMV Points: None on a first offense🏫 Traffic school may be available

No DMV point for a first conviction. A conviction adds 1 point only when the violation occurs within 36 months of a prior conviction for the same offense (Vehicle Code 12810.3).

This guide is for general educational purposes only and does not constitute legal advice. TicketClear is a self-help document preparation service — we are not attorneys and do not represent clients. Review all prepared documents carefully before submitting. Fine amounts are estimates and vary by county and surcharge schedule.

What is a Using Handheld Electronic Device While Driving ticket?

CVC 23123.5(a) says a person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving. Under 23123.5(c), the device may be operated in a manner requiring the driver's hand only if (1) it is mounted on the windshield in the same manner as a portable GPS under Section 26708(b)(12), or on or to the dashboard or center console in a manner that does not hinder the driver's view of the road, and (2) the driver's hand is used to activate or deactivate a feature or function with the motion of a single swipe or tap of the driver's finger. The section does not apply to manufacturer-installed systems embedded in the vehicle (b), or to an emergency services professional using a device while operating an authorized emergency vehicle in the course and scope of his or her duties (e). Under 23123.5(d), a violation is an infraction punishable by a base fine of $20 for a first offense and $50 for each subsequent offense.

Ask your insurer how a conviction affects your policy.

What the Law Says

(a) A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.

What the Officer Must Prove

1You were driving a motor vehicle
2You were holding and operating a handheld wireless telephone or electronic wireless communications device
3You were not using it in a voice-operated and hands-free manner, and the mounted single swipe or tap allowance in CVC 23123.5(c) did not apply

Arguments Commonly Raised for Using Handheld Electronic Device While Driving

General information: arguments drivers commonly raise for this code section. Whether any applies depends on your own facts.

Mounted, single swipe or tap

CVC 23123.5(c) allows operating the device with the driver's hand only if it is mounted on the windshield as a portable GPS is under Section 26708(b)(12), or on or to the dashboard or center console without hindering the view of the road, and the hand is used with a single swipe or tap of a finger. Describe where the device was and what you did.

Not holding and operating

The section applies to holding and operating the device. Describe what was in your hand, if anything.

Built-in system

CVC 23123.5(b) says the section does not apply to manufacturer-installed systems embedded in the vehicle.

⚠️ Common Mistakes

✗Not photographing where your phone mount is
✗Leaving out what you were holding, if anything

What this code section covers (general information)

CVC 23123.5(a) — Using Handheld Electronic Device While Driving. Driving while holding and operating a handheld wireless telephone or electronic wireless communications device, unless it is designed and configured for voice-operated, hands-free operation and used that way.

This is a fixed-rule section: it describes a specific act or limit. The question is whether the facts show that act: what happened, where, and how it was observed or measured.

Eligible for Trial by Written Declaration: generally yes.

This is general information about CVC 23123.5(a). It is not advice about your citation, and TicketClear does not evaluate anyone's facts. Whether any of it applies depends on your own facts. For advice about your situation, consult a licensed California attorney.

Frequently Asked Questions About Using Handheld Electronic Device While Driving

Can I touch my phone while driving if it is mounted?▼

CVC 23123.5(c) allows it only if the device is mounted as the section describes and the driver's hand is used to activate or deactivate a feature or function with the motion of a single swipe or tap of the driver's finger.

What is the fine under CVC 23123.5?▼

CVC 23123.5(d) says a violation is an infraction punishable by a base fine of $20 for a first offense and $50 for each subsequent offense. Penalty assessments are added to base fines; your notice shows the total.

🏫

Traffic School Option

A first conviction adds no DMV point (Vehicle Code 12810.3). If the violation occurs within 36 months of a prior conviction for the same offense, a conviction adds 1 point (Vehicle Code 12810.3). The court may let you complete traffic school, and if it is the only ticket you have done traffic school for in 18 months, the record is kept confidential and no point is counted (Vehicle Code 1808.7(a)). Traffic school is not available for a violation in a commercial motor vehicle (Vehicle Code 42005(c)(1)). If you hold a commercial driver license, the record is not kept confidential (Vehicle Code 1808.7(b)). Check your notice or your court's website for your options.

Ready to prepare your documents?

Upload your citation and TicketClear prepares your Trial by Written Declaration documents from the details you provide. Just $49.99 for any eligible California ticket.

Check if my ticket qualifies

Takes 2 minutes. No payment required to check.

Related Violations

CVC 23123(a)CVC 27602