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So You Got a Cell Phone Ticket…
It’s okay, we can help! No Points. No Court. No Lawyers.
We all know the feeling of dread that overcomes us when we see the blue and red lights flashing in our rearview mirrors. And it goes without saying that nobody wants a mobile phone ticket. If you get convicted of a texting while driving or a holding your phone violation on your driving record, you risk potentially having your license taken away by being suspended by California state officials for too many points!
It can also cost quite a bit of money upfront as well: not just for fines themselves (which typically range around $150-$250), but this can be significantly more because of any court fees or lawyer fees. Additionally, adding points for a cell phone ticket in California will likely significantly increase your auto insurance rates too. Of course, if you take time off from work to handle this issue, you could be looking at an additional loss of income as well! Get the full rundown on the cost of a cell phone ticket.
These fees, fines, and premium increases can skyrocket this amount into the thousands of dollars very easily and put many people in serious financial trouble for simply getting pulled over for holding a mobile phone. With all of these expenses associated with a cell phone violation, we strongly recommend that you NEVER JUST PAY A CELL PHONE TICKET!
Ready to Fight Your California Traffic Ticket?
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*If you don’t have your ticket handy, it’s okay — you can still start the process and just add it later!
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Why GetDismissed?
You’ve been ticketed for driving with a Cell Phone? We can help! When you sign up with us, we will provide all of the information needed to fight your citation quickly and inexpensively.
While it’s absolutely illegal to use your mobile phone while driving in a manner that isn’t hands-free, when trying to get a cell phone ticket dismissed you will need to know exactly what is or isn’t considered a lawful violation. Beefing up your case to the court relies on having current and up-to-date information about the legislature. These above points are just a few ways that you can prepare for your defense and contest a cell phone violation (CVC 23123, CVC 23123.5, and CVC 23124).
With the GETDISMISSED system behind you, you’ll also have a complete DIY toolkit to increase your chances. Get a “Trial by Written Declaration” submitted to the court in no time with all of the information and documentation you need provided upfront. You’ll be surprised at how easy it is and how quickly it can all be sorted out.
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Use getdismissed.com on the web or download the mobile app for our support in the palm of your hands.
Cell Phone Ticket Types
California Vehicle Code Section 23123 – Not Using Hands-Free Telephone
23123 CVC
(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 school bus 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.
California Vehicle Code Section 23123.5 – Holding a Cell Phone
23123.5 CVC
(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.
California Vehicle Code Section 23124 – Cell Phone Use by Minor
23124 CVC
(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.
Cell Phone Ticket Dismissal Service
We all know the feeling. You’re multi-tasking your way through a busy morning and you quickly use your cell phone while you’re behind the wheel of a car. Suddenly highway patrol magically appears out of nowhere, pulls you over and slaps you with a cell phone ticket. As you watch them drive away it’s easy to give in to the despair and just pay up. However, fighting a cell phone ticket is actually simpler than you may think, especially if you’ve done a few key things correctly.
So, if you’re one of the unlucky ones who has been pulled over and written up for being on your phone, there is still hope for contesting a cell phone ticket. Let’s go though some viable scenarios:
- Were you using your phone via a voice-operated and hands-free operation and not actually texting?
- Were you doing so while the device was mounted on the vehicle’s windshield, just like a GPS device, or at least affixed within regulatory standards to the dashboard or center console?
- And could you operate it with a single swipe or tap of the finger?
