Traffic Violations for Texting while Driving

Can you get a traffic ticket for Texting and Driving?

California has primary laws prohibiting ALL drivers from texting or using a handheld cell phone while driving unless it is a hands-free device. The law only allows a driver to use a cell phone to make emergency calls to law enforcement, a medical provider, the fire department, or other emergency services agencies. The fine for a first-time texting or cell phone violation will cost a minimum of $162. The fine amount increases with each subsequent violation.  

Let’s face it, we are probably all guilty of using our phones when we drive even when we try our hardest not to!  Nowadays almost everyone owns a cell phone and texting violations are becoming very common.  Due to the increase in texting and driving instances, drivers are not allowed to use cell phones unless a hands-free system is used. In other words, talking on your phone or texting without the right technology in your vehicle can distract you, which may result in traffic infractions or accidents.

Even if you aren’t “distracted, In California, you may be pulled over just for your USING your cell phone when you’re behind the wheel.  If an officer witnesses you on your phone while driving they will not need to cite another infraction in order to issue you a cell phone ticket. Illegal cell phone use in California is defined by a few key components:

• Driver is using a handheld cell phone
• Driver is using a hands-free cell phone with earpieces covering both ears
• Driver is under the age of 18, regardless of handheld or hands-free

There is a big difference between handheld and hands-free cell phone operation, and California law enforcement officials accept that the latter is a safer option. 

A texting while driving ticket may be given as soon as a police officer witness you using your device illegally. It can even occur when you’re waiting for a light to turn green. A common misconception is that the authorities can ticket someone for texting only if they commit another offense, such as running a red light or crashing into a vehicle. 

Cell phone tickets do not add points to your California driving record.   That doesn’t mean that these tickets don’t come without a price tag.  These tickets can be costly, especially if they start to stack up!