Distracted driving is a major safety concern on California’s roads, and cell phone use is one of the leading causes. To combat this problem, the state has implemented strict laws governing the use of wireless devices while operating a motor vehicle.
While a simple cell phone while driving ticket only results in a small fine, it can compound your problems if you are charged with DUI or causing an accident in conjunction with this charge.
In this California vehicle code article, we’ll explore CA Vehicle Code 23123 (VC 23123) – Using a Cell Phone While Driving, what it means for drivers, and how a Los Angeles DUI Attorney may be able to help.
Understanding VC 23123
California Vehicle Code VC 23123 – Using a Cell Phone While Driving prohibits drivers from using a wireless telephone while operating a motor vehicle unless the phone is specifically designed and configured to allow hands-free listening and talking. In simpler terms, you cannot hold a cell phone or have it pressed against your ear while driving.
The law applies to any type of wireless telephone, including smartphones, and is aimed at reducing distracted driving and improving road safety.
Exceptions to the Rule
While VC 23123 restricts cell phone use for most drivers, there are a few exceptions:
- Emergency situations: You are allowed to use a hand-held cell phone while driving if you are making an emergency call to law enforcement, healthcare providers, fire departments, or other emergency services.
- Emergency vehicles: The law does not apply to emergency services professionals using a wireless telephone while operating an authorized emergency vehicle in the course of their duties.
- School buses and transit vehicles: Drivers of school buses and transit vehicles are exempt from VC 23123, as they are subject to separate regulations.
- Private property: You are permitted to use a hand-held cell phone while driving on private property.
Penalties for Violating VC 23123
Violating VC 23123 is an infraction punishable by a base fine of:
- $20 for a first offense
- $50 for each subsequent offense
It’s important to note that the actual fine amount will be higher due to additional fees and assessments.
Texting While Driving: VC 23123.5
In addition to VC 23123, California has a separate law (VC 23123.5) that specifically prohibits drivers from holding and operating a handheld wireless telephone or electronic wireless communications device, such as a smartphone, laptop, or pager, unless the device is configured for voice-operated and hands-free operation.
The penalties for violating VC 23123.5 are the same as those for VC 23123: a base fine of $20 for a first offense and $50 for each subsequent offense.
While a violation of VC 23123 or VC 23123.5 will not result in points being assessed on your DMV driving record, it’s still crucial to address these citations.
Legal Defenses for Cell Phone Tickets
If you’ve been cited for violating VC 23123 or VC 23123.5, there are legal defenses available. However, it’s always advisable to consult with an experienced attorney before proceeding.
Some common defenses include:
- You fit into an exception from the basic law (e.g., emergency situation, emergency vehicle, etc.)
- The police officer was mistaken about you using a cell phone or texting
- Your vehicle was not moving at the time of the alleged violation
Consequences of Ignoring a Cell Phone Ticket
It’s important to take cell phone tickets seriously and address them promptly. Ignoring a ticket can lead to further penalties and complications, including:
- Violating California Vehicle Code 40508 for failure to appear in court
- Potential misdemeanor charges with penalties of up to six months in jail and/or a fine of up to $1,000
The Importance of Legal Representation
Having legal counsel for a minor traffic infraction is not necessary if you simply received a ticket. However, if you were issued the ticket:
- Because it is believed that your cell phone use caused an accident,
- In conjunction with CA Vehicle Code 23152 (a) – Driving Under the Influence of Alcohol
There are several compelling reasons to seek legal representation. Prosecutors tend to offer more favorable deals when you have an attorney advocating on your behalf. Defense attorneys possess in-depth knowledge of strategies for getting charges reduced or dismissed, increasing your chances of a positive outcome.
Contact Us For More Information About CA Vehicle Code VC 23123 – Using a Cell Phone While Driving
California takes a firm stance against distracted driving, implementing strict laws that prohibit the use of hand-held cell phones and texting while operating a vehicle. Even first-time offenses can result in fines and penalties.
Legal defenses are available in certain circumstances. If you’ve been charged with DUI in addition to using a cell phone while driving, contact us to explore your options. Ignoring tickets can lead to further complications and penalties, compounding the issue.
By taking the time to understand CA Vehicle Code VC 23123 – Using a Cell Phone While Driving and addressing any citations promptly, you can contribute to safer roads for all and avoid potential legal and financial consequences. When your livelihood and future are at risk, reach out to the Los Angeles DUI Attorneys.