CVC 23123(a)Eligible for written declaration

Handheld Cell Phone While Driving

Driving while using a wireless telephone that is not designed and configured for hands-free listening and talking, or not 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 Handheld Cell Phone While Driving ticket?

CVC 23123(a) says a person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving. Under 23123(b), a violation is an infraction punishable by a base fine of $20 for a first offense and $50 for each subsequent offense. The section does not apply to a person using a wireless telephone for emergency purposes (c), to an emergency services professional operating an authorized emergency vehicle in the course and scope of duty (d), to a person driving a schoolbus or transit vehicle subject to Section 23125 (e), or to a person driving on private property (f).

Ask your insurer how a conviction affects your policy.

What the Law Says

(a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.

What the Officer Must Prove

1You were driving a motor vehicle
2You were using a wireless telephone that was not designed and configured for hands-free listening and talking, or not used in that manner

Arguments Commonly Raised for Handheld Cell Phone While Driving

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

Hands-free use

CVC 23123(a) allows a telephone specifically designed and configured for hands-free listening and talking and used that way while driving. Describe how you were using it.

Emergency purposes

CVC 23123(c) says the section does not apply to a person using a wireless telephone for emergency purposes, including an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.

Private property

CVC 23123(f) says the section does not apply while driving a motor vehicle on private property.

⚠️ Common Mistakes

✗Leaving out how you were using the phone
✗Not noting which section your citation names

What this code section covers (general information)

CVC 23123(a) — Handheld Cell Phone While Driving. Driving while using a wireless telephone that is not designed and configured for hands-free listening and talking, or not used that way.

Eligible for Trial by Written Declaration: generally yes.

This is general information about CVC 23123(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 Handheld Cell Phone While Driving

Does CVC 23123 apply to an emergency call?▼

No. CVC 23123(c) says the section does not apply to a person using a wireless telephone for emergency purposes, including an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.

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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.

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Related Violations

CVC 23123.5(a)