Select Page

California’s Hands Free Law

(Effective July 1, 2008)

California’s Hands Free LawIf you’ve been cited under the California hands Free law (California Vehicle Code 23123, 21323.5, 23124, 23125) you were probably surprised that you were given a ticket for something that you’ve seen others do countless times that day. With the 2 year old law in full swing, police officers are citing more people than ever which means that traffic courts are experiencing extremely high volumes of these violations translating into extended wait times for those who have to appear to settle their tickets. At SD Ticket King, our attorneys can help you through the process of appearing for the violation and advocate your position if your ticket was issued in light of an exception. Here is a breakdown of the sections that a driver can be cited for if they were using a wireless device while driving.

Under California Vehicle Code 23123, all persons above the age of 18 are prohibited from 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. The base fine for a first offense is $20 and $50 for each subsequent offense, but additional penalty assessments and fines could more than triple that amount.

Under CVC 23123.5, the text messaging section of the hands free law, a person over 18 is prohibited from driving a motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. This includes communications sent by text message, instant message, or electronic mail. However, if the person reads, selects, or enters a telephone number or name on wireless device for the purpose of making or receiving a telephone call, this will not be a basis for violation of this section. The fine schedule is the same for that of CVC 23123.

Under CVC 23124, all persons under the age of 18 are prohibited from driving a motor vehicle while using a wireless telephone, even if equipped with a hands-free device, or while using a mobile service device. A “mobile service device” is defined as, including but is not limited to, a broadband personal communication device, specialized mobile radio device, handheld device or laptop computer with mobile data access, pager, and two way messaging device. Essentially, any device that allows you to communicate to another person in any form while driving is strictly prohibited for those under 18. However, an officer cannot stop a vehicle to determine if that person is under 18 and using a wireless device, but can only be stopped for violating CVC 23123. Basically, if you are using a wireless device without a hands-free feature, you run the risk of being stopped. The fine schedule is the same for that of CVC 23123.

And finally for those entrusted in driving a vehicle used for public transportation, including school buses, under California Vehicle Code 23125, drivers of these public transportation vehicles are prohibited from driving while using a wireless telephone. However, a driver under this section may use their phone for work-related purposes. Exceptions

The biggest exception among all of these sections if making a call related to an emergency. These would be calls to police and fire department, an emergency room, or other emergency service agency or entity. This list is not exhaustive and many emergency related situations could potentially fall into this category.

Also, drivers of tractor trailers or motor trucks over the age of 18 are permitted to use a digital two way radio that utilizes a wireless telephone that operated by pressing a push to talk feature and does not require immediate proximity to the ear of the user.

Emergency service professionals using wireless telephones while operating an authorized motor vehicle are also granted an exception.

Finally, if you’re driving on private property, you’re granted an exception from CVC 23123.

The information provided by California Ticket King is for informational purposes only and does not constitute legal advice. It is intended to be used as a starting point for further discussion between you and an attorney at California Ticket King. 

TRIAL BY DECLARATION

$99
  • Sign up online and tell us about your ticket. Starting at $99.

Our California Traffic Attorneys

Scott Hullinger, Esq.

Scott Hullinger, Esq.

San Diego Traffic Attorney

View

Rowland Dinkins, Esq.

Rowland Dinkins, Esq.

Riverside & San Bernardino Traffic Attorney

View

Clay Renick, Esq.

Clay Renick, Esq.

Orange County Traffic Attorney

View

Manny "Lee Buck" Rios, Esq.

Manny "Lee Buck" Rios, Esq.

Imperial, Inyo, Kern & Mono Traffic Attorney

View

Sherrett Walker, Esq.

Sherrett Walker, Esq.

Alameda, San Francisco, San Mateo & Santa Clara Traffic Attorney

View

Attorney Advantage

Hiring an attorney to defend your traffic ticket may mean the difference between a conviction and a dismissal. With high fines, DMV points and your license at stake, you need an experienced traffic law firm to handle it. Our traffic attorneys are the best in the business because:

R

Knowledgeable

We know the law and procedure that govern traffic law and traffic courts. We use the knowledge we've gained to get an advantage in court. Knowing the right legal maneuvers may mean the difference between a conviction and a dismissal.

R

We go to court for you

Under Penal Code 977 we can make all your court appearances without you having to be present. In most cases, you will never have to go to court. We appear on your behalf and represent you to the fullest extent of the law.

R

Cost effective

Hiring an attorney doesn't have to be expensive. Our fees are reasonable because we have designed our business to be efficient. Many clients actually save money because they have hired our law firm.

  • 4 star review  Very responsible attorney, and Thanks to work on my latest 2 tickets, and both are dismissed. Recommend!

    thumb Lily Wang
    1/21/2014

    5 star review  Great price, perfect result. Thanks so much.

    thumb Joseph Charles Crudo
    8/07/2013

    4 star review  I received 2 tickets in one month. One for illegal u-turn and the second for speeding on the freeway. ( bad month) I was going to fight them myself but hired SD ticket king instead. They got both dismissed! I paid $198 instead of $1100+

    thumb Sarah Moke
    11/14/2013

    5 star review  I got a speeding ticket and called California Ticket King to take care of it. Not only did it save me time.....it saved me money and my ticket was dismissed. I would recommend them to anyone...I would use them again in a minute. Hope I don't have to but you never know. They are the best and worry free. Thanks California Ticket King..... Janest

    thumb Janest Cornell
    6/29/2016
  • 1 star review  Keep shopping, this "service" will not help u save one single dollar. U will lose time, energy, & $ with these guys. I provided dash cam footage on a special Zip drive and he didn't even use it. I could've asked the officer that wrote my ticket to dismiss it and asked my judge for leniency/a reduction, without paying $149. I still owe the full fine $401. I should've just set the 149 dollars that Scott charged me on fire. Even after years of law school, my representation put in as little effort as humanly possible. Waste of so much time, energy, & money.

    thumb Val Moser
    3/23/2018

    5 star review  Saved me time and money. Hopefully I don't need to use this service again but if I do I will be a happy returning customer.

    thumb John Garcia
    3/31/2015

    5 star review  These guys are great. They got my ticket dismissed with almost no involvement from me. I would definitely recommend them to all my friends and family

    thumb Francisco Orlando Brioso
    7/01/2016

    5 star review  $532.00 red light camera ticket DISMISSED, incredible.....

    thumb Rick Pedro
    11/16/2014
  • 5 star review  Speeding ticket DISMISSED for only $99... The best hundred bucks I ever spent! Wooohoooo. Thanks again San Diego Ticket King!

    thumb Tammi Palmer Wedertz
    8/10/2013

    5 star review  These guys are absolutely the best. I got two tickets within a 4 day period. They got one reduced to an off-road violation and the other dismissed. I have told all my friends about SD Ticket King. Thank you so much!

    thumb Jim Kilby
    7/24/2014

    5 star review  Can’t emphasize how much Scott Hullinger, Attorney at Law does for his and her customers. He is professional and top notch. I highly recommended his services.

    thumb Alan Gabaldon
    3/08/2018

    5 star review  Amazing! San Diego Ticket King got my $500 red light ticket dismissed! Thank you!

    thumb Anthony D. Bruno
    4/02/2014
  • 5 star review  Glenn Prentice--These are the best---going a steep down hill grade on I-8 I was busted by the CHP going 84 in a 70mph zone . They were very honest with me--giving me a 50% chance of dismissal---They did cade was dismissed--Thank you very much ticket King!

    thumb Glenn E. Prentice
    8/24/2014

    5 star review  Got 3 speeding tickets And a seatbelt ticket dropped to just one traffic school these guys are great!

    thumb Matt Murphy III
    9/28/2016

    5 star review  California Ticket King went above and beyond to help me with my issues. Highly Recommended. Extremely Professional.

    thumb RaFa EnriQuez
    9/08/2016

    5 star review  Luv these guys got my speeding case dismissed my GO TO people!!!

    thumb El Primo
    4/28/2014
  • 5 star review  One of the best decisions I have made. The process was simple and they handles everything. You are fool if you don't utilize the King

    thumb Toby MacDonald
    1/21/2016

    5 star review  Used ticket king a year ago for a speeding ticket and they got it dismissed!! Love ticket king! Saved me $300!

    thumb Brittanee Lee
    3/13/2014

    5 star review  These Guys are Awesome. ..got my Tix dismissed today.... purely professional every step of the way.....thank You

    thumb Bruv Chadwick
    8/29/2017

    5 star review  I would definitely recommend Scott and I hope I won't get another ticket but if I ever do, I will hire him immediately he's not only polite, dedicated but very professional. I am really happy with the results of my traffic violation ticket. Thank you Scott

    thumb Alma Lazar
    3/29/2018