Hands-Free Device Requirement Violation
Using a wireless telephone while driving without a hands-free device that allows the phone to be used without holding it, in violation of California hands-free requirements.
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 Hands-Free Device Requirement Violation ticket?
This ticket is for using your phone while driving without a proper hands-free setup. California requires that all phone calls be made using Bluetooth, speakerphone, or another hands-free method where you don't need to hold the device.
A first offense costs around $162, while subsequent violations jump to about $285. You'll also get 1 point on your driving record, which can increase your insurance rates by 15-25% for three years.
One DMV point typically raises insurance premiums by 15-25% for three years. Attending traffic school prevents the point from appearing on your record, protecting your rates.
What the Law Says
A person may use a wireless telephone while driving a motor vehicle if the telephone is designed and configured to allow hands-free listening and talking operation.
What the Officer Must Prove
- 1You were driving a motor vehicle at the time
- 2You were operating a wireless telephone
- 3The phone was NOT being used in a hands-free manner
- 4The officer clearly observed you holding or manually operating the device
How Drivers Get This Ticket
Driver holds phone to ear while making a call in traffic
Violation - phone must be hands-free, not held to ear
Driver uses phone mounted on dashboard with Bluetooth connected
Legal - proper hands-free setup being used
Driver briefly picks up phone to activate voice command
Violation - even momentary holding while driving can be cited
Driver has speakerphone on with phone sitting in cupholder
Legal - not holding device and using hands-free function
Common Defenses for Hands-Free Device Requirement Violation
These are the defense arguments that appear most often in successful Trial by Written Declarations for this violation.
Hands-free device was active
If you had Bluetooth, speakerphone, or another hands-free system connected and weren't holding the phone, you may document this setup and explain it was in use during the stop.
Officer's limited observation
The officer may not have been able to clearly see whether you were using hands-free equipment from their position outside your vehicle, especially if your Bluetooth connection wasn't visible.
Phone was mounted and voice-activated
If your phone was in a mount and you were using voice commands without touching the device, this complies with the hands-free requirement under California law.
How to Address This in Your Declaration
- ✓Photos of your hands-free setup (mount, Bluetooth connection, etc.)
- ✓Phone records showing Bluetooth was connected during the stop
- ✓Screenshot of your car's Bluetooth pairing history
- ✓Receipt or documentation for hands-free equipment
- ✓Witness statement from passenger confirming hands-free use
⚠️ What NOT to Do
- ✗Admitting you were holding the phone even briefly
- ✗Arguing that you were only on the phone for a second
- ✗Claiming the call was an emergency without documentation
- ✗Forgetting that even using GPS requires hands-free operation
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Frequently Asked Questions About Hands-Free Device Requirement Violation
Can I hold my phone at a red light?▼
No. California law applies whenever you're driving, which includes being stopped at red lights or in traffic. The vehicle must be parked and not on a roadway to legally hold your phone.
Is using speakerphone while holding my phone legal?▼
No. Even with speakerphone active, you cannot hold the device while driving. The phone must be mounted or placed somewhere you don't need to hold it.
What if I was using my phone for GPS directions?▼
GPS use is legal only if the phone is mounted on the dashboard or windshield and you're not manually entering addresses while driving. Voice-activated navigation is the safest approach.
Does this violation affect my commercial driver's license?▼
Yes, cell phone violations are more serious for CDL holders. You may face additional penalties and should consult the DMV about specific commercial license impacts.
What counts as a hands-free device?▼
Bluetooth headsets, earbuds (one ear only), car Bluetooth systems, speakerphone with the device mounted or set down, and voice-activated systems all qualify as hands-free.
Traffic School Option
Most drivers are eligible for traffic school to mask this point if you haven't attended in the past 18 months and have a valid non-commercial license.
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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.