Cell Phone Tickets
Have you received a cell phone or texting ticket here in San Diego County? There was a change in the law recently that now makes a second cell phone violation a one point offense that can go on your driving record resulting in an increase in your insurance rates. As a result, we now suggest fighting both first time and second time cell phone violations to try to avoid the points from your driving record. If you have questions about a cell phone ticket or a texting ticket, give us a call to see how we can help.
Cell Phone and Texting Vehicle Code Sections
Vehicle Code section 23123
(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.
(b) 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.
(c) This section does not apply to a person using a wireless telephone 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.
(d) This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.
(e) This section does not apply to a person driving a schoolbus or transit vehicle that is subject to Section 23125.
(f) This section does not apply to a person while driving a motor vehicle on private property.
(g) This section shall become operative on July 1, 2011.
Vehicle Code section 23123.5
(a) 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, and it is used in that manner while driving.
(b) This section shall not apply to manufacturer-installed systems that are embedded in the vehicle.
(c) A handheld wireless telephone or electronic wireless communications device may be operated in a manner requiring the use of the driver’s hand while the driver is operating the vehicle only if both of the following conditions are satisfied:
(1) The handheld wireless telephone or electronic wireless communications device is mounted on a vehicle’s windshield in the same manner a portable Global Positioning System (GPS) is mounted pursuant to paragraph (12) of subdivision (b) of Section 26708 or is mounted on or affixed to a vehicle’s dashboard or center console in a manner that does not hinder the driver’s view of the road.
(2) The driver’s hand is used to activate or deactivate a feature or function of the handheld wireless telephone or wireless communications device with the motion of a single swipe or tap of the driver’s finger.
(d) 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.
(e) This section does not apply to an emergency services professional using an electronic wireless communications device while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.
(f) For the purposes of this section, “electronic wireless communications device” includes, but is not limited to, a broadband personal communication device, a handheld device or laptop computer with mobile data access, or a pager.
Vehicle Code section 27602
(a) A person shall not drive a motor vehicle if a television receiver, a video monitor, or a television or video screen, or any other similar means of visually displaying a television broadcast or video signal that produces entertainment or business applications, is operating and is located in the motor vehicle at a point forward of the back of the driver’s seat, or is operating and the monitor, screen, or display is visible to the driver while driving the motor vehicle.