![]() ![]() (g) This section shall become operative on July 1, 2011. (f) This section does not apply to a person while driving a motor vehicle on private property. (e) This section does not apply to a person driving a schoolbus or transit vehicle that is subject to Section 23125. (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. (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. (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. VC 23123 (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. Please see the Law for cell phone and texting violations below. ![]() If a police officer sees a phone in your hand even for a brief second expect to get a ticket because California law forbids having your phone in your hand at all with very limited exceptions. VC 23123 is the law that forbids talking with a phone in your hand and VC 23123.5 forbids texting while driving Here is the link to the new cell phone and texting law that makes a second violation a DMV point:. This means if you get another ticket for the exact same violation a cell phone or texting ticket in the next 3 years you are now looking at a DMV point going on your record which can hurt your insurance rates and bring you closer to 4 DMV points. Please note by paying a ticket you are basically pleading guilty to your ticket and putting it on your record so keep in mind that if you pay off a cell phone or texting ticket you are now putting a conviction on your record. If a police officer sees you with a phone in your hand either talking into it or texting and the phone is in your hand even for just a second or two, expect to get a ticket even if you are waiting at a red light and your car is not moving. ![]() Under California Law, you basically cannot touch your phone at all while driving. Second time violations will put the DMV point on your record. This means if you have a cell phone ticket (VC 23123) on your record and then you get another cell phone ticket in the next 36 months you are now facing a DMV point going on your record and if you have a texting violation (VC 23123.5) on your record you cannot get another texting ticket in the next 36 months or else you are facing a DMV point going on your record.Ī first time cell phone or texting ticket will not put a DMV point on your record but if you do it again within 3 years you are now facing a DMV point for doing it a second time under this law. Under this law it states you have to have a prior conviction for the same offense within 36 months. Talking or Texting on a cell phone – VC 23123 & VC 23123.5 – starting July 1, 2021, if you get a cell phone ticket (VC 23123) or a texting ticket (VC 23123.5) for the second time in 36 months (3 years) you will now get a DMV point on your record. ![]() See also NOTS: penalties for too many pointsĬell phone and Texting violations and DMV pointsĪ second cell phone or texting violation within 3 years will now put a DMV point on your record. Note: Your Point Count is calculated based on the date of the violation (the date of your ticket), not the date of the conviction. or Accidents that you cause, the DMV will seek to suspend your license for 6 months for being a negligent driver. The DMV considers driving a privilege and not a right and if you accumulate too many DMV points by way of traffic tickets, DUIs, a Hit and Run, Exhibition of Speeding, Driving on a Suspended License, Driving over 100 mph, etc. – then the California DMV will want to suspend your license for 6 months for being a negligent operator – a driver with too many points. How many points before your license is suspended? Points are added to your DMV driver’s record for various traffic violations. The California Department of Motor Vehicles has a point system to identify and take action against high-risk drivers.
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