Cell Phone Ticket Laws

Ban on Handheld Phone Use in 8 US States

If you get a cell phone ticket while driving the fine will range anywhere from $20-$125 depending which State you are ticketed in. There is now a ban on handheld phone use in 8 US States while hands-free use is still permitted: 8 states including California, Connecticut, Delaware, Maryland, New Jersey, New York, Oregan, and Washington & Washington D.C and the Virgin Islands prohibit all drivers from hands-free cell phone use while driving.  30 states have banned text messaging for all drivers.  No states have banned the complete use of cell phones but 28 states have banned the usage of phones by drivers under the age of 18.

An officer may cite a driver for using a handheld cell phone without any other traffic offense taking place. Drivers who receive citations will receive a non-moving violation ticket although it appears on your DMV record, it does not have any points. You can always fight cell phone tickets and request a trial. You are more encouraged to fight cell phone tickets if you can prove that the call you made prior to the citation was to an emergency service provider. The law reads as follows:

CVC 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."

Vehicle Code: 23123. (a) A person shall not drive a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication.

(b) As used in this section “write, send, or read a text-based communication” means using an electronic wireless communications device to manually communicate with any person using text-based communication, including, but not limited to, communications referred to as a text message, instant message, or electronic mail.

(c) For purposes of this section, a person shall not be deemed to be writing, reading, or sending a text-based communication if the person reads, selects, or enters a telephone number or name in an electronic wireless communications device for the purpose of making or receiving a telephone call.

(d) This section does not apply to an emergency services professional using an electronic wireless communications device while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.