Texting While Driving
Reading, writing, or sending text messages on an electronic device while driving.
1 point on driving record
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 Texting While Driving ticket?
This violation covers holding and using a phone or wireless device while driving, including texting, scrolling, or tapping the screen. California law requires all phone use to be truly hands-free with single-touch activation while the device is mounted.
A first offense costs around $162, jumping to $285 or more for subsequent violations. You'll also receive 1 DMV point that stays on your record for 3 years and can increase your insurance rates by 15-20% annually.
One point for a cell phone violation typically increases insurance premiums by 15-25% for three years. Some insurers specifically flag distracted driving violations as high-risk behavior, which can result in even steeper increases or policy non-renewal at your next review period.
What the Law 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 wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation.
What the Officer Must Prove
- 1You were driving a motor vehicle on a public roadway
- 2You were physically holding a wireless phone or electronic device in your hand
- 3You were actively operating or interacting with the device (not just holding it)
- 4The device was not mounted in a hands-free configuration
- 5You were not using the device for emergency purposes
How Drivers Get This Ticket
A driver holds their phone at a red light to change a song on Spotify
Still a violation — the law applies whenever the vehicle is on a roadway, even when stopped at a light
A driver glances at their mounted phone's GPS while driving
Legal — single swipe or tap on a mounted device for navigation is permitted
A driver holds their phone to use voice-to-text to send a message
Violation — even voice commands require the phone to be mounted, not held
A driver picks up their phone to see who's calling, then puts it down without answering
Violation — holding and looking at the device screen is prohibited regardless of intent
Common Defenses for Texting While Driving
These are the defense arguments that appear most often in successful Trial by Written Declarations for this violation.
Device was mounted and used hands-free
California law permits single-touch activation on a mounted device. If your phone was in a dashboard or windshield mount and you only used one tap, you were in compliance with CVC 23123.5.
Officer couldn't see what was on the screen
The officer must establish you were actually operating the device. If they were positioned at an angle or distance that made viewing your screen impossible, their testimony about your specific activity may be challenged.
Phone records show no activity at time of citation
Obtaining your phone records from your carrier showing no texts, calls, or data usage at the exact time of the stop can directly contradict the officer's observations.
Emergency use exception
CVC 23123.5 allows handheld use to contact emergency services. If you were calling 911 or believed you were witnessing an emergency situation, this is a valid legal exception.
How to Address This in Your Declaration
- ✓Photos of your phone mount installed in your vehicle
- ✓Phone records from your carrier showing no activity at the citation time
- ✓Dashcam footage showing your hands and phone position
- ✓Screenshots of your phone's screen time or app usage data for that time period
- ✓Witness statements from passengers about how you were using the device
- ✓Receipt or proof of purchase for your hands-free mounting system
⚠️ What NOT to Do
- ✗Admitting to the officer that you were 'just checking' your phone briefly
- ✗Arguing with the officer that you were only holding the phone, not using it
- ✗Assuming the ticket will be dismissed just because you weren't texting
- ✗Ignoring the ticket — this can result in additional fees and a license hold
- ✗Paying the fine without considering traffic school to mask the point
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Frequently Asked Questions About Texting While Driving
Can I hold my phone at a red light or in stopped traffic?▼
No. California's hands-free law applies whenever you're on a roadway, including at red lights, stop signs, and in traffic jams. The only exception is if your vehicle is lawfully parked.
What if I was just holding my phone but not using it?▼
The officer must prove you were both holding AND operating the device. However, courts often consider looking at the screen as 'operating.' If you can prove the phone was off or show no activity, this may support your defense.
Is it legal to use my phone for GPS navigation?▼
Yes, but only if the phone is mounted on your windshield, dashboard, or center console and you activate it with a single tap or swipe. Holding your phone for GPS is still a violation.
Does this violation affect my commercial driver's license?▼
Yes. Commercial drivers face stricter rules and a CVC 23123.5 conviction can have serious consequences for your CDL, including disqualification for repeat offenses. Commercial drivers should especially consider fighting the ticket.
Can I get this ticket dismissed if I buy a phone mount after the fact?▼
Purchasing a mount after the citation doesn't dismiss the ticket. However, demonstrating you've taken corrective action can sometimes be considered favorably, particularly if you can also challenge other aspects of the officer's observations.
Traffic School Option
Most CVC 23123.5 violations qualify for traffic school if you haven't attended in the past 18 months and hold a valid non-commercial license. Completing traffic school prevents the point from appearing on your public driving record and can help avoid insurance increases.
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Related Violations
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.