California Distracted Driving Law: Hands-Free Rules, Penalties, and Your Injury Claim
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This page was written and reviewed by Michael J. Cefali, Esq. Attorney Cefali is a founding partner of Cefali & Cefali, APC, based in San Juan Capistrano, CA. He holds a Juris Doctor from Chapman University Fowler School of Law and a B.A. in Global Studies & Maritime Affairs from the California Maritime Academy. Widely recognized for his advocacy in personal injury law, he has secured multi-hundred-thousand-dollar settlements in motorcycle accidents, hit-and-runs, and red-light collision cases. He maintains a perfect 10.0 “Superb” rating on Avvo.
Beyond his legal practice, Mr. Cefali actively supports his community through the Rotary Club of San Juan Capistrano, contributes to housing and meal programs for those in need, and enjoys fishing and spending time with his rescue dogs.
The date below reflects when this page was last reviewed for accuracy. Please see our Editorial Guidelines.
California Distracted Driving Law: Hands-Free Rules, Penalties, and Your Injury Claim
California has some of the strictest distracted-driving laws in the country, and they do more than generate tickets: when a distracted driver causes a crash, breaking these laws helps prove they were at fault. This guide explains the three Vehicle Code sections that govern phone use behind the wheel, what actually counts as hands-free, the penalties, and, most importantly, how a distracted-driving violation strengthens an injury claim. It is general information; for advice about a specific crash, speak with a car accident attorney.
Distracted driving is anything that takes your attention off the road. Safety experts group it into three types, and phone use is dangerous because it hits all three at once:
Visual: taking your eyes off the road, for example to read a text.
Manual: taking your hands off the wheel, for example to hold a phone.
Cognitive: taking your mind off driving, for example while reading or composing a message.
Texting is the most dangerous distraction because it involves all three. But distraction is not limited to phones: eating, adjusting the navigation, or turning to talk to passengers can all lead to a crash and can be used as evidence of negligence.
What are California's distracted driving laws?
Three sections of the California Vehicle Code control device use while driving:
Vehicle Code 23123: the hands-free law
Section 23123 makes it illegal for an adult to drive while holding and using a handheld phone. You may only use a phone for calls if it is configured for hands-free listening and talking, such as through a speaker or a Bluetooth earpiece. This section does not apply to passengers.
Vehicle Code 23123.5: the "no-touch" texting law
Section 23123.5 goes further and bans holding and operating any wireless device to write, read, or send text messages, emails, or social media, or to watch video, while driving. A phone may be used only when it is mounted (on the dashboard, windshield, or center console) and operated with a single tap or swipe of one finger. Manually typing or scrolling on a moving vehicle's phone violates this law even if the phone is mounted.
Vehicle Code 23124: drivers under 18
Section 23124 applies a stricter rule to drivers under 18: they may not use a wireless device at all while driving, even hands-free.
What are the penalties for distracted driving in California?
A violation of the hands-free law is an infraction with a base fine of $20 for a first offense and $50 for each later offense. Those base numbers are misleading, though: once court fees and assessments are added, a second ticket can exceed $280.
There is also a DMV-point consequence. Under a law that took effect July 1, 2021 (Assembly Bill 47, adding Vehicle Code section 12810.3), a second hands-free violation within 36 months of a prior one adds one point to your driving record. A first offense does not add a point, but points from repeat offenses can raise insurance rates and, if they accumulate, lead to a license suspension.
How does distracted driving affect an injury claim?
This is where the law matters most to a crash victim. To win a personal injury claim, you must prove the other driver was negligent: that they owed a duty of care, breached it, and caused your injuries. A distracted-driving violation is powerful proof of that breach. When a driver was holding a phone in violation of the hands-free law, they were, by definition, failing to drive with reasonable care.
Because California follows pure comparative negligence, you can recover even if you were partly at fault, reduced by your share, with no cutoff, and there is no cap on pain-and-suffering damages in an ordinary injury case. Showing the other driver was distracted also helps counter any attempt to shift blame onto you.
How do you prove the other driver was distracted?
Distraction can be hard to prove because the driver rarely admits it, so the evidence has to be gathered:
Cell phone records, obtained by subpoena, can show whether the driver was texting, calling, or using data at the moment of the crash. This is often the single most important piece of evidence, and a lawyer can secure it.
The police report, which may note a citation or the driver's own statements.
Witness statements from people who saw the driver on their phone.
Traffic or surveillance video, which is often overwritten within days, so acting quickly matters.
Under California Code of Civil Procedure section 335.1, you generally have two years from the date of the crash to file a personal injury lawsuit, and three years for property damage. If a government entity is involved, you must file an administrative claim within six months. Because the deadlines are strict and the phone evidence fades quickly, it is best to act promptly.
Talk to a California Car Accident Attorney
If a distracted driver hurt you, an attorney can move fast to subpoena the phone records, preserve the video, and build the negligence case while you focus on healing, and most work on a contingency fee basis, so there is no fee unless they recover for you. Cefali & Cefali represents people injured by distracted drivers across California, including in Rancho Santa Margarita and San Juan Capistrano. To learn more, see our Orange County personal injury page, or call (949) 325-7790 for a free, no-pressure consultation.
Michael Cefali is a dedicated accident attorney based in San Juan Capistrano, California, committed to securing justice and fair compensation for accident victims.
A graduate of Newport Harbor High School, he went on to earn his Bachelor’s degree in Global Studies and Maritime Affairs from the California Maritime Academy, followed by his Juris Doctor from Chapman University School of Law.
Deeply invested in his community, Michael is an active member of the Rotary Club of San Juan Capistrano, contributing to efforts that provide meals, housing, and support to those in need. Outside of his legal work and volunteer service, he enjoys fishing in Dana Point and spending time with his three rescue dogs—a Chihuahua, a Spaniel mix, and a Shepherd mix.
Driven by his strong belief in justice and fairness, Michael remains steadfast in advocating for individuals harmed by the negligence or inaction of others.
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