How to Fight a Cell Phone Ticket in California

Smartphones are now part of most people's lives, and it's difficult to go a day without them since they help people communicate with others. The problem with this is some people can't stop using their cell phones when they are driving.

California laws are clear when it comes to using a wireless telephone (smartphone) while driving a motor vehicle. No one can do it. If a police officer catches someone speaking on the phone or using it to do other things while driving, they'll give them a cell phone ticket.

That's just a safety measure to make sure distracted drivers don't cause an accident. Nonetheless, there are several ways to fight a cell phone ticket if the driver wasn't using their phone or used it for an emergency.

This page has all the information people need to fight an unfair cell phone ticket with no problem. Anyone looking for extra help on their case can hire an attorney from Goss Law to help them.

Is It Illegal to Use a Cell Phone While Driving in California?

California law (Vehicle Code 23123.5) bars drivers from holding a phone and using it for any purpose while driving, including GPS, music, calls, or texts.

Drivers can use a phone hands-free, such as through voice commands or the car's built-in system. They can also touch a phone that is mounted on the windshield, dashboard, or center console, but only with a single swipe or tap of a finger. Needless to say, passengers can text, use their phones to play music, or talk on the phone with no problem.

That doesn't apply to underaged drivers, though. Anyone under 18 can't use their cell phone, even if they have a hands-free device.

Drivers can't wear Bluetooth headphones in both ears while driving either. However, everything's fine as long as the driver listens to music or talks on the phone using the car's microphone and speakers.

What's the Penalty for a Cell Phone Ticket?

As long as the driver didn't cause an accident, the penalty for a cell phone ticket is not that severe. First offenders will have to pay $150 or a bit more than that. If it's the driver's second offense, they’ll need to pay over $250.

The base fine under Vehicle Code 23123.5 is $20 for a first offense and $50 for each later offense. Court fees and assessments make the total much higher. The court cannot suspend a license for this ticket. Since July 1, 2021, a second violation within 36 months of a prior one adds a point to the driver's DMV record, and points count toward the DMV's negligent operator limits.

Drivers will most likely need to attend traffic school if they were doing other illegal things, such as reckless driving and using their phones. Cell phone tickets won't affect the driver's driving record unless they get them within 36 months of a prior offense. Goss Law can advise on how to fight a reckless driving ticket in California.

If a driver wins a cell phone ticket case, the court will refund any money they had to pay because of it.

How to Fight Cell Phone Tickets in California

Although California laws are severe when it comes to cell phone tickets, there are many ways to fight them. These are the best ways to fight a cell phone ticket in California:

Look for Exceptions to the Traffic Law

The first thing drivers should check when they get a cell phone ticket is if any exception to the California vehicle code applies to the case. There are some cases in which drivers can use their cell phones while driving, even if they hold them in their hands.

Making an emergency call while driving, for example, is not illegal at all. Thus, drivers can call the police, 911, or the fire department with no problem. Using a cell phone or any other electronic wireless communications device is legal for people driving an authorized emergency vehicle too.

Using GPS is not an exception if the driver was holding the phone. A driver may only use navigation on a phone that is mounted on the windshield, dashboard, or center console, and only with a single swipe or tap. People driving on private property can't get a traffic ticket for using their cell phones while driving, either.

Police officers can only give drivers a traffic ticket if they were driving while using their phone. Being stopped in traffic or at a red light still counts as driving. Only a car that is lawfully parked is outside the rule.

As mentioned before, it's not a cell phone violation to use smartphones through a hands-free device or speakerphone unless the driver is underage. There aren't also any problems if passengers were using their cell phones. It's easy for police officers to confuse what they are seeing when people drive fast.

Even if the driver states an exception that applies to the case, they still need to take the case to court if the police officer that pulled them over gives them a cell phone ticket anyway.

Go to Trial

Although this could take more time than just talking to the police officer, drivers can also take their case to trial if the officer insists on giving them a cell phone ticket. Traffic tickets show the date when the driver has to go to court.

They need to go to court that day and ask the court clerk for a trial arrangement and trial date. Some counties let drivers schedule both on the same day. The arrangement is to determine the details of the case and a brief of what happened. There, drivers will need to plead not guilty.

Only the court (or the prosecutor) can dismiss a ticket once it is filed. The officer cannot. Drivers should not contact the officer to explain what happened, since anything they say can be used at trial. Cases are sometimes dismissed when the officer does not show up for trial. Drivers can also ask for a Trial by Written Declaration, where they contest the ticket in writing instead of appearing in court.

Needless to say, drivers need evidence of what happened to fight a cell phone ticket. No one will win a case just by saying their part of the story. Witnesses are one of the most common resources used by drivers to prove they weren't using a wireless telephone while driving.

Passengers who were in the vehicle when the driver got the cell phone ticket can be witnesses in a trial. Drivers testify themselves if they were driving alone. The police officer will most likely testify, too.

Phone records are also an excellent way to prove a driver wasn't using their phone. If there's not a call record at the time the driver got the ticket, they can prove they weren't using their cell phone. However, this will only help if the ticket comes from being on the phone with another person and not texting.

Drivers in a cell phone ticket trial should always prepare some questions to ask the police officer once they testify. Those questions are meant to prove they couldn't see the car clearly or didn't have the ability to do it at the time. Here are the most common questions people ask police officers in these cases:

• How fast was the car going?
• What was the driver wearing?
• What car was the driver driving?

If the police officer that pulled the driver over can't answer those questions correctly, the judge may dismiss the case. However, that doesn't mean they will win the case if they do answer the questions.

Hire a Traffic Lawyer

California doesn't offer drivers a free lawyer for traffic tickets, so they need to hire one themselves if they want help with the trial. Many people hire an attorney from a lawyer referral service, but they can also contact a local law office directly.

A lawyer can review the evidence, look for exceptions that apply, and explain the options in each case.

At Goss Law, attorney Blair Goss handles Sacramento traffic cases himself.

Hiring a lawyer can also help people not used to dealing with all the paperwork needed for a trial.

Final Thoughts

People can get nervous if a police officer catches them using a cell phone while driving, but the best thing they can do is stay calm. If they follow the tips given on this page, drivers will be more than ready to fight cell phone tickets in California.

Regardless of that, this process is much easier if a traffic attorney helps the driver fight the ticket. Drivers can contact Goss Law to talk about their case.

To get started, drivers can call Goss Law, schedule a consultation with attorney Blair Goss, and tell him the details of what happened. If they hire Goss Law, Blair will guide them through the legal process. Goss Law has more information on how to fight a seatbelt ticket in California too.

However, drivers should never use their cell phones while driving, unless it's an emergency. The California Vehicle Code has those rules to prevent as many accidents as it can. Traffic lawyers are there to help anyone who gets a unfair cell phone ticket.