Is Texting While Driving Illegal? (California Law​)

Using a cell phone while driving isn’t just dangerous, it’s illegal in California.

Nearly all states have some type of cell phone ban, but California completely bans the use of texting at all times while driving a vehicle.

Under California law, drivers cannot use a cell phone or electronic communication device while driving.

However, there are exceptions to the law.

While the phone is mounted, drivers can legally swipe, or tap, the screen once to activate or deactivate. The phone must be mounted in an area where the driver cannot actively use the device with their hands.

The phone can be:

• Mounted on the driver’s dashboard
• Mounted on the lower right side of the driver’s windshield in a seven-inch square area
• Mounted on the lower left corner of the driver’s windshield in a five-inch square area
• Mounted in the center console

But, drivers cannot swipe multiple times and input information into a text or email.

The “cell phone law” has further restrictions. Here they are:

• Driver’s cannot use their devices at stop signs and traffic lights as well.
• Drivers under the age of 18 are entirely prohibited from using a phone while driving a car, even if it is a hands-free device.

Fines for Texting and Driving

Previous state laws gave counties the right to impose additional fees to fund courthouse and jail construction, with violators receiving as much as $150 in fines for their first violation.

In 2019, California passed Assembly Bill 47. which raised the fine amount for first-time distracted driving offenses above $20.

The law went into effect in July 2021, with minimum fees increasing to $162 for the first offense and additional fees depending on the county where the citation was issued.

How Many Points is Texting While Driving?

Additionally, California’s Department of Motor Vehicles (DMV) will add a point to a driver’s driving record for distracted driving citations that will remain for up to 36 months.

By having points on their record, drivers can expect to see increases in their insurance rates. Drivers may also have to attend a state-approved traffic school to have these points removed.

If you or a loved one was involved in an accident with a distracted driver, contact the car accident lawyers at Curtis Law Group.