Updated October 13, 2026
Originally published December 17, 2019
You are driving to work, your phone buzzes, and you wonder if you can answer. In California, you can talk hands-free, but you cannot hold your phone, and you cannot type, scroll, or video chat. Here is what is allowed, what is not, and what a ticket costs.
If you are looking for what happens when a driver causes a crash while texting, see our guide to texting and driving in California.
What California Law Says
Vehicle Code section 23123 covers hands-free calling, and section 23123.5 prohibits holding and operating a handheld wireless phone or other electronic wireless communications device while driving. The law is a primary offense, so an officer can stop you for it. It was updated in 2017 to cover more than calls and texts, so scrolling, using apps, and video calls count too.
What You Can Do
- Make and take calls hands-free using Bluetooth, your car’s system, or speakerphone with the phone mounted.
- Use voice commands to dictate a text, change music, or get directions.
- Use a mounted phone for navigation, with a single tap or swipe to start or stop a feature.
- Call 911 in an emergency.
What You Cannot Do
- Hold the phone to your ear or in your hand.
- Type, read, or scroll through texts, email, or social media.
- Watch videos or join video calls.
- Use a phone resting in your lap or on your leg.
- Tap or swipe more than once to operate a mounted phone.
Where Can You Mount Your Phone?
The phone can be mounted on the windshield, the dashboard, or the center console, as long as it does not block your view. On the windshield, that means a seven-inch square in the lower corner farthest from you or a five-inch square in the lower corner nearest you. Set it up before you start driving.
Fines and Points
| Offense | Base fine | Typical total with fees |
|---|---|---|
| First | $20 | At least $160 |
| Second and later | $50 | At least $285 |
A repeat violation within 36 months can add a point to your driving record, and your insurance rates may rise. Totals vary by county.
Exceptions
- Calling 911 or another emergency service.
- Emergency service professionals operating an authorized emergency vehicle in the course of their duties.
- Manufacturer-installed systems built into the vehicle.
Drivers Under 18
Teen drivers face a stricter rule. Anyone under 18 may not use a phone or other wireless device while driving, even hands-free, except to call for emergency help.
Commercial Drivers
Federal rules also ban handheld phone use for commercial drivers. Penalties can reach $2,750 for the driver and $11,000 for the employer.
Does Hands-Free Mean Safe?
Not necessarily. Hands-free keeps you legal, but a heated phone call still takes your attention. If a crash happens and the other side shows you were on a call, they may argue you were distracted. Keep calls short, or let them go to voicemail.
Common Situations Drivers Ask About
GPS and navigation apps
Allowed, if the phone is mounted where it does not block your view and you only tap or swipe once. Enter your destination before you leave.
Apple CarPlay and Android Auto
These built-in systems are designed for hands-free use, and manufacturer-installed systems are treated differently from a handheld phone. Voice control keeps you on the right side of the law.
Smartwatches
The law covers electronic wireless communications devices, not only phones. Reading and replying to messages on a watch while driving is risky, and you can be cited for it.
Rideshare and delivery drivers
The same rules apply. Mount your phone, accept trips with one tap, and do not scroll through the app while moving.
Music and podcasts
Start playback before you drive, or use voice commands. Scrolling through a playlist while moving is not a single tap.
Tips to Stay on the Right Side of the Law
- Buy a mount and set it up before you leave.
- Turn on Do Not Disturb While Driving.
- Use voice commands for calls, texts, and music.
- Let calls go to voicemail in heavy traffic or bad weather.
- Pull over and park to do anything that takes more than a tap.
What to Do If You Get a Ticket
The citation lists your court date and how to respond. You can usually pay the fine, contest it, or ask the court about options such as traffic school, which varies by court and record. Check the instructions on the ticket, and ask a traffic attorney if you are unsure. Remember that a conviction can raise your insurance premium over time.
Why This Matters After a Crash
If you are in a crash, expect questions about your phone. Insurers and lawyers can request phone records. Even if you were fully hands-free, being on a call can be used to argue you were distracted. Do not guess about it with an adjuster.
If a Distracted Driver Hurt You
If another driver’s phone use caused your crash, you may have a claim for your medical bills, lost income, and pain and suffering. California gives you generally two years to file. We explain how proof works in our guide to texting and driving, and you can see how settlements work in our average car accident settlement guide.
Batta Fulkerson has recovered nearly $250 million for injured clients with a 98% success rate across more than 15,000 cases, and San Diego has voted us its favorite personal injury firm. We’re open 24 hours, and you’ll talk to a real person who knows your name. Learn more about our San Diego car accident lawyers.
Hurt by a driver on their phone? Call (619) 333-5555 or use our free case review form. No fees unless we win.
Frequently Asked Questions
What is the California cell phone law?
California Vehicle Code sections 23123 and 23123.5 prohibit drivers from holding and using a handheld phone or wireless device. Adult drivers may make calls and use voice features hands-free, and may use a mounted phone with a single swipe or tap.
Can I use my phone with a mount in California?
Yes, if the mount does not block your view of the road. Approved spots include the windshield in a seven-inch square at the lower corner farthest from the driver or a five-inch square at the corner nearest the driver, the dashboard, or the center console. You may use only a single tap or swipe to activate or deactivate a feature.
Can I hold my phone to my ear on a call in California?
No. Holding the phone to your ear is a violation for adult drivers. You need to use hands-free technology, such as Bluetooth, your car’s built-in system, or speakerphone with the phone mounted.
Can I use my phone at a red light in California?
Not in your hand. The law applies while you are driving, and the California Highway Patrol treats being stopped in traffic or at a signal as still driving. Hands-free use is allowed.
What is the fine for violating California’s cell phone law?
The base fine is $20 for a first offense and $50 for each additional one. With court fees and assessments, a first ticket typically costs at least $160 and a later one at least $285. A repeat violation within 36 months can add a point to your record.
Are there exceptions to the California cell phone law?
Yes. You may use a phone to call emergency services, such as 911. Emergency responders using devices while operating an authorized emergency vehicle, and manufacturer-installed in-vehicle systems, are also exempt.
Do the rules differ for drivers under 18?
Yes. Drivers under 18 may not use a phone or any wireless device while driving, even hands-free, except to call for emergency help.
We trust you found value in this blog article: California Cell Phone Law: What Drivers Can and Cannot Do. We also hope you never need us, but if you or anyone you know might, we are always here to help!
