23123.5 Restrictions on Handheld Device Use While Driving

Distracted driving caused by cell phone use is a preventable hazard that leads to thousands of accidents annually. California Vehicle Code 23123.5 prohibits drivers from using handheld devices unless they are in hands-free mode. If a distracted driver caused your injuries in a car accident, their violation of this law can provide evidence of their negligence and support your claim for compensation.

What Is California Vehicle Code 23123.5?

California Vehicle Code 23123.5 prohibits drivers from holding or using a cell phone while operating a vehicle unless it is in hands-free mode. This law applies to making calls, sending texts, and using apps that require drivers to hold or manipulate their phones. The goal of this regulation is to reduce distractions and keep drivers focused on the road.

The hands-free law aims to prevent accidents caused by texting, calling, or interacting with handheld devices. Studies show that distracted driving significantly increases the likelihood of collisions, making enforcement of this law critical for road safety. Drivers are encouraged to use hands-free systems, such as Bluetooth or mounted devices, to comply with the law while staying connected.

The language of the statute reads as follows:

“(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.”

How CVC 23123.5 Affects Your Car Accident Claim

A driver’s violation of California Vehicle Code 23123.5 can be used as evidence of negligence in a car accident case. When a distracted driver causes a collision, their failure to comply with the hands-free law demonstrates a breach of their duty to operate the vehicle safely. This evidence strengthens the victim’s claim by establishing fault and liability.

Proving Distracted Driving With Cell Phone Records

Cell phone records can provide critical evidence to prove that a driver violated CVC 23123.5 at the time of an accident. These records show whether the driver was texting, calling, or using apps when the collision occurred. Obtaining this information often requires a subpoena, which a lawyer can secure on your behalf.

Penalties for Violating California Vehicle Code 23123.5

Violating CVC 23123.5 results in fines and penalties designed to deter distracted driving. Repeat violations carry more severe consequences, including points on the driver’s record, which can lead to increased insurance premiums or license suspension.

First Offense

A first offense for violating California Vehicle Code 23123.5 results in a $20 fine. While this may seem like a minor penalty, the financial impact can increase significantly when court fees and other associated costs are added. This initial penalty is intended to serve as a warning and encourage drivers to adopt hands-free practices moving forward.

First-time offenders often have the opportunity to avoid repeat violations by using hands-free devices or mounted systems. However, failing to address distracted driving behaviors after a first offense can lead to more severe penalties and long-term consequences, including higher fines and points on the driver’s record.

Tip

Do not argue with an officer that is writing you a citation for distracted driving. Contesting a citation allows you a chance to tell your side of the story in court.

Subsequent Offenses

Subsequent violations of CVC 23123.5 carry a $50 fine per offense, in addition to court costs that can further increase the financial burden. Repeat offenders may also face harsher scrutiny from law enforcement, as multiple violations demonstrate a pattern of unsafe driving behavior.

Points on Record

Drivers caught violating CVC 23123.5 for a second time within 36 months may have one point added to their driving record. Points on a driver’s record can lead to higher insurance premiums and even license suspension if too many points are accumulated. This consequence is intended to discourage habitual distracted driving.

For repeat offenders, accumulating points can result in being designated as a negligent operator under California’s point system. This designation carries additional penalties, including mandatory traffic school and potential probation. Preventing points from being added is crucial for maintaining driving privileges and avoiding further legal or financial consequences.

Pro Tip

While it can seem expensive to retain a lawyer to contest a citation, it may save you more in the long run if your attorney is able to have the court omit the points from your driving record to avoid the financial consequences that additional points could have.

Higher Insurance Premiums

Drivers with repeat violations of CVC 23123.5 may face increased insurance premiums. Insurance companies view distracted driving as high-risk behavior, and multiple violations can significantly raise rates. In some cases, insurers may even cancel policies for drivers with a history of repeated offenses.

These higher premiums can create a long-term financial burden, even if the initial fines for violations are relatively low. Avoiding distracted driving and adhering to the hands-free law not only protects drivers from accidents but also prevents costly increases in insurance rates.

Additional Penalties for Accidents

If distracted driving causes an accident, the penalties for violating CVC 23123.5 can extend beyond fines. Drivers may face civil liability for the damages caused, including medical expenses, property repairs, and pain and suffering. In cases involving severe injuries or fatalities, the consequences can be even more severe.

In addition to civil lawsuits, drivers involved in accidents while violating the hands-free law may face criminal charges if their behavior demonstrates reckless disregard for public safety. These cases often result in harsher penalties, including higher fines, license suspension, or even jail time.

Common Accidents Caused by Distracted Drivers

Distracted drivers are more likely to cause severe accidents due to delayed reaction times and reduced situational awareness. Below are common types of collisions linked to drivers violating CVC 23123.5:

Bicycle Accidents

Distracted drivers pose a significant risk to bicyclists, who are particularly vulnerable on the road. Failing to notice a cyclist in a bike lane, at an intersection, or along the shoulder can result in severe injuries or fatalities. Texting, checking GPS, or other distractions often lead to drivers veering into bike lanes or failing to yield at intersections.

Bicycle accidents caused by distracted driving frequently result in catastrophic injuries, including broken bones, traumatic brain injuries, and internal damage. These collisions underscore the importance of staying focused behind the wheel and maintaining awareness of all road users, especially in areas with heavy bike traffic.

Motorcycle Accidents

Motorcycles are smaller and less visible than other vehicles, making them more susceptible to accidents caused by distracted drivers. Drivers who are texting, using their phones, or engaging in other distractions may fail to see motorcyclists, particularly in their blind spots. These oversights often result in dangerous collisions during lane changes or turns.

The injuries from motorcycle accidents caused by distracted driving are often severe, given the lack of protection for riders. Common injuries include road rash, spinal cord damage, and head trauma. Staying alert and avoiding distractions is critical to reducing the risk of harming motorcyclists.

Rollover Accidents

Distracted drivers often lose control of their vehicles, leading to rollover accidents. Sudden overcorrections, caused by drivers attempting to regain focus after a distraction, are a common cause of rollovers, particularly for SUVs or trucks with higher centers of gravity.

Rollover accidents are particularly hazardous, as they frequently result in crushing injuries and ejections, and multi-vehicle collisions. These accidents highlight the importance of staying focused and avoiding distractions that can lead to sudden, dangerous maneuvers.

Single-Car Accidents

Distracted driving is a leading cause of single-car accidents, where a vehicle collides with stationary objects like trees, guardrails, or poles. Drivers who are texting or distracted by their phones often fail to notice curves, changes in road conditions, or obstacles, resulting in these crashes.

Single-car accidents can still cause serious injuries, including head trauma and whiplash, and may lead to significant vehicle damage. These incidents demonstrate how distractions can impact even the most routine trips, emphasizing the need for complete focus behind the wheel.

Note

Even if you did not hit another car in a single vehicle collision, any property damage over $1000 must still be reported by California law.

Multi-Vehicle Pileups

Multi-vehicle pileups often occur when distracted drivers fail to notice slowing or stopped traffic ahead. A single rear-end collision can trigger a chain reaction, involving multiple vehicles and causing extensive damage and injuries. These accidents are especially common on highways or during peak traffic hours.

Pileups frequently result in severe injuries due to the number of vehicles and the force of multiple impacts. Victims may face complex claims involving numerous parties, highlighting the far-reaching consequences of distracted driving.

Sideswipe Accidents

Sideswipe accidents occur when distracted drivers drift out of their lanes and strike vehicles traveling beside them. These accidents are often caused by texting, adjusting the radio, or looking away from the road. Sideswipes frequently occur on highways or during lane changes, where even a momentary lapse in attention can lead to a collision.

The damage from sideswipe accidents can range from minor scrapes to severe impacts that force vehicles off the road or into other lanes. In addition to property damage, sideswipes can cause injuries such as whiplash or broken bones, particularly at higher speeds.

T-Bone Accidents

T-bone accidents, also known as side-impact collisions, often occur at intersections when distracted drivers run red lights or stop signs. Drivers who are texting or using handheld devices may fail to notice oncoming traffic, leading to these dangerous crashes.

The force of impact in T-bone accidents typically causes significant injuries, especially to occupants on the side of the vehicle that was struck. Victims may suffer from head trauma, fractures, or internal injuries, underscoring the devastating consequences of distracted driving at intersections.

Challenging CVC 23123.5 Violations

One common defense against a CVC 23123.5 violation is claiming that the device was used in compliance with the hands-free requirement. Drivers may argue that their phone was mounted on the dashboard or console and operated using voice commands or a single tap. This defense is most effective when there is no direct evidence, such as officer observations, to prove the phone was held or manipulated.

Drivers may also claim that their phone usage was due to an emergency, which is allowed under California law. For example, a driver might argue they were calling 911 to report an accident or a hazard on the road. Providing evidence, such as phone records or witness statements, can support this argument and demonstrate that the driver acted responsibly under the circumstances.

Related Laws to CVC 23123.5

Several laws complement CVC 23123.5 by addressing different aspects of cell phone use and distracted driving:

• CVC 23123: Prohibits holding cell phones while driving – This law applies to all drivers and prohibits the use of handheld devices for any purpose while operating a vehicle. Violations result in fines and may lead to points on the driver’s record for repeat offenses.
• CVC 23124: Restricts cell phone use by drivers under 18, even if hands-free – Younger drivers are subject to stricter rules, as they cannot use cell phones at all while driving. The law aims to reduce distractions among inexperienced drivers and enhance road safety.
• CVC 21703: Following too closely while distracted – This law penalizes drivers who tailgate while engaging in distracting activities, such as texting or adjusting their phones. Violations can lead to fines and civil liability in accident cases.

California Vehicle Code 23123.5 FAQ

What qualifies as a hands-free device under CVC 23123.5?

A hands-free device under CVC 23123.5 must allow drivers to operate their phones without holding or manually manipulating them. Common examples include Bluetooth systems, dashboard mounts, and built-in vehicle communication systems. These devices enable drivers to make calls or use navigation apps through voice commands or a single tap, ensuring compliance with the law.

Can passengers use cell phones while in the vehicle?

Yes, passengers are allowed to use cell phones without restrictions under CVC 23123.5. The law specifically targets drivers to prevent distracted driving and reduce the risk of accidents. However, passengers should avoid engaging in activities that could distract the driver, such as showing them videos or attempting to involve them in a phone conversation.

How does a violation of CVC 23123.5 impact a personal injury lawsuit?

A violation of CVC 23123.5 can serve as evidence of negligence in a personal injury lawsuit. If a distracted driver causes an accident while violating this law, their non-compliance demonstrates a failure to uphold their duty of care. This evidence strengthens the victim’s claim and increases the likelihood of recovering compensation for damages.

Take Action Against Distracted Drivers With Crockett Law Group

Distracted driving caused by cell phone use is a preventable hazard that leads to countless accidents each year. California Vehicle Code 23123.5 allows victims to hold distracted drivers accountable for the injuries and damages they cause. Crockett Law Group is committed to helping victims recover compensation and move forward after these avoidable accidents. To find out how much compensation you could be awarded, fill out our quick contact form or call us to schedule your free, no-obligation consultation today.