A driver under 18 using any wireless communication device while driving, including devices in hands-free mode, which is prohibited for drivers under 18 in California.
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.
This law prohibits drivers under 18 from using any wireless phone or electronic communication device while driving, even with hands-free technology. Unlike adult drivers who can use hands-free devices, minors face a complete ban on phone use behind the wheel.
A first offense costs approximately $162, while subsequent violations jump to around $285. You'll receive 1 DMV point that stays on your record for 3 years and can significantly increase insurance rates for young drivers, who already pay higher premiums.
Expect insurance rate increases of 15-25% or more for young drivers, who already pay premium rates. The point remains visible to insurers for 3 years, potentially costing hundreds to thousands in additional premiums over that period.
A person under the age of 18 shall not drive a motor vehicle while using a wireless telephone or an electronic wireless communications device, even if equipped with a hands-free device.
A 17-year-old using GPS navigation on a phone mounted to the dashboard
Citable under CVC 23123(b) - minors cannot use devices even when mounted hands-free
A minor making a hands-free voice call through the car's Bluetooth system
Still a violation - the law bans all wireless device use by minors, including hands-free
A phone sitting visibly on the passenger seat while a minor drives
Not a violation if the device was not being actively used
A 17-year-old calling 911 after witnessing an accident
Emergency calls may provide a defense under California's emergency exception
These are the defense arguments that appear most often in successful Trial by Written Declarations for this violation.
Device was not in use
If the phone was simply visible in the vehicle but not being actively operated, you weren't violating the law. The officer must have seen actual use, not just possession.
Officer's observation was unclear
The officer needed to simultaneously observe your apparent age and device use from their vantage point. Distance, speed, window tint, and lighting conditions can affect observation accuracy.
Age verification issue
If you were 18 or older at the time of the citation, this specific code section doesn't apply. Different rules apply to adult drivers under CVC 23123(a).
Emergency situation
California law allows emergency calls. If you were contacting emergency services, law enforcement, or medical providers due to an emergency, this may serve as a valid defense.
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California law treats minor drivers more strictly because teen drivers face higher crash risks. The legislature determined that any device use, even hands-free, creates dangerous distractions for inexperienced drivers.
What matters is your age when you received the citation, not your current age. If you were under 18 when stopped, the violation applies. If you were 18 or older, this specific code section wouldn't apply.
Technically, if you're not physically using the device and it's playing through Bluetooth, enforcement is less clear. However, any interaction with the device while driving could result in a citation under this code.
Yes. The law covers any 'electronic wireless communications device,' which includes tablets, smartwatches, and similar devices. The complete ban applies to all wireless communication technology.
Points on your record can affect your provisional license status. Multiple violations could delay advancement to a full license and may trigger additional restrictions from the DMV.
Traffic School Option
First-time offenders may be eligible for traffic school to mask the point from their driving record. This can help prevent the insurance increases that hit young drivers especially hard. Check with the court for eligibility requirements.
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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.
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