Is Texting While Driving Illegal in (California Law)
Nearly all states have some type of cell phone ban, but California completely bans texting while driving at all times.
California Texting While Driving Law
California Vehicle Code §23123
In July 2008, the state passed California Vehicle Code [VC] §23123, which outlaws using a handheld wireless telephone when driving. Additionally, legislators passed California Vehicle Code (VC) §23123.5 on the same date to make it illegal to text when operating a vehicle.
California Wireless Communications Device Law
Updates to these laws in recent years have strengthened both the restrictions and the penalties, forming what’s known as the California Wireless Communications Device Law. However, there are exceptions to the law, including the following:
- 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 7-inch square area
- Mounted on the lower left corner of the driver’s windshield in a 5-inch square area
- Mounted in the center console
- Drivers cannot swipe multiple times and input information into a text or email.
- Drivers cannot use their devices at stop signs and traffic lights.
- 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.
The law allows some exceptions in the event of emergencies. For example, if you are involved in a crash or witness one, you can use your phone to dial 911 for police and emergency medical services.
Fines and Points for Texting and Driving in California
In 2019, California passed Assembly Bill 47. which raised the fine amount for first-time distracted driving offenses above $20.
Second or subsequent offenses carry $50 fines, but additional penalties and fees can easily increase the total cost to between $162 (first-time) and $258 (second offense).
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.
Drivers with points on their records can expect to see increases in their insurance rates. To have these points removed, drivers may also have to attend a state-approved traffic school.
Although drivers who text while driving will pay fines, they may also face additional charges if they commit other traffic violations. They could even see criminal charges if someone dies as a result of an accident they cause. However, these will do nothing to help you if you are hurt or lose a loved one.
You will need to hold the wrongdoer accountable with a personal injury lawsuit to seek the financial compensation you require to fully recover from your injuries.