CVC 23124Eligible for written declaration

Minor Using Wireless Device While Driving

A driver under 18 using a wireless telephone or electronic wireless communications device while driving, even with a hands-free device.

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 Minor Using Wireless Device While Driving ticket?

CVC 23124 applies to a person under the age of 18 years. Notwithstanding Sections 23123 and 23123.5, that person 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 (b). A violation is an infraction punishable by a base fine of $20 for a first offense and $50 for each subsequent offense (c). A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether the driver is violating subdivision (b) (d), though this does not prohibit a stop for a violation of Section 23123 or 23123.5 (e). The section does not apply to a person using a wireless telephone or a mobile service device for emergency purposes (f).

Ask your insurer how a conviction affects your policy.

What the Law Says

(a) This section applies to a person under the age of 18 years. (b) Notwithstanding Sections 23123 and 23123.5, a person described in subdivision (a) 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. (c) A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense. (d) A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether the driver is violating subdivision (b). (e) Subdivision (d) does not prohibit a law enforcement officer from stopping a vehicle for a violation of Section 23123 or 23123.5. (f) This section does not apply to a person using a wireless telephone or a mobile service device for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity. (g) For the purposes of this section, “electronic wireless communications device” includes, but is not limited to, a broadband personal communication device, specialized mobile radio device, handheld device or laptop computer with mobile data access, pager, and two-way messaging device.

What the Officer Must Prove

1You were under the age of 18 years
2You drove a motor vehicle while using a wireless telephone or an electronic wireless communications device

Arguments Commonly Raised for Minor Using Wireless Device While Driving

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

Emergency purposes

CVC 23124(f) says the section does not apply to a person using a wireless telephone or a mobile service device for emergency purposes, including an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.

Reason for the stop

CVC 23124(d) says an officer shall not stop a vehicle for the sole purpose of determining whether the driver is violating subdivision (b); under (e), this does not prohibit a stop for a violation of Section 23123 or 23123.5. The section does not say what happens to a ticket after a stop made only for that purpose. Describe what the officer said was the reason for the stop.

Age

The section applies to a person under the age of 18 years.

⚠️ Common Mistakes

✗Leaving out what the officer said was the reason for the stop
✗Leaving out how you were using the device

What this code section covers (general information)

CVC 23124 — Minor Using Wireless Device While Driving. A driver under 18 using a wireless telephone or electronic wireless communications device while driving, even with a hands-free device.

Eligible for Trial by Written Declaration: generally yes.

This is general information about CVC 23124. 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 Minor Using Wireless Device While Driving

Can a driver under 18 use a hands-free phone?▼

No. CVC 23124(b) says a person under the age of 18 years 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, except for emergency purposes under 23124(f).

🏫

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 23123.5(a)