California’s Texting and Driving Laws

Distracted driving fees in California have increased to $162 for a first infraction, and up to $285 for a subsequent offense with one point added to your driving record.
Written by Kianna Walpole
Edited by R.E. Fulton
As of July 2021,
distracted driving
laws in
California
have increased—convicted drivers will have to pay a total fine of at least $162, and those caught texting while driving on multiple occasions will have one point added to their driving record. 
  • Texting while driving is illegal in California—and using social media falls under the same category. 
  • The average base fine for a first offense is $20, and $50 for a subsequent offense—but with added penalties and charges, you could be facing fees of $162-$500.
  • California law states that only drivers over the age of 18 are able to operate hands-free devices, such as Bluetooth, while driving. 
  • There is currently no way to remove a distracted driving violation from your record, but you can stop it from appearing to insurance companies by completing a California DMV approved traffic school course. 

What are the distracted driving laws in California? 

According to the California Office of Traffic Safety, distracted driving is ‘anything that takes your eyes or mind off the road, or hands off the steering wheelespecially texting while driving.’ 
Under the California Vehicle Code,
texting and driving
isn’t just frowned upon—it’s a primary offense, and California state legislators implemented changes to the cell phone law in 2021 because it’s considered “the deadliest cause of distracted driving.”
Even when it comes to legal stops and mounted cell phones, there are limits for California drivers. Mounted cell phones can be used only in the following ways:
  • Placed on the lower-right side of your windshield in a 7-inch square area
  • Placed on the lower-left corner of your windshield in a 5-inch square section
  • Secured on the center console
  • Mounted on vehicle’s dashboard
You’re allowed to make one swipe to activate or deactivate an application on a mounted phone, and nothing more. Don’t assume you can use your phone as you please at a stop sign or red light, either. Californians are required to pull over and come to a complete stop before using their cell phones.
Keep in mind: If you’re a California driver under the age of 18, you are prohibited from using any sort of handheld cell phone or hands-free device while driving. This law also applies to pagers, laptops, and other communication devices.  

Are there exceptions to California’s texting and driving laws?

With technological advancements like built-in communication systems, there are some exceptions to the law in California. 
The following circumstances allow drivers to use their physical cell phones:
  • It’s permitted to use your cell phone hands-free, as long as you don’t have to touch the screen (i.e. speaker phone or Bluetooth).
  • Calls to law enforcement or an emergency service provider are allowed
  • Emergency personnel can use their cell phones when they’re on duty
  • Those operating a vehicle on private property can use their phones
  • California bus drivers can use handheld devices in the event of an emergency, or for work-related purposes
Other exemptions to the cell phone use ban are drivers who are trying to turn off a hands-free GPS in a single touch, using voice-operation (i.e. Siri), or drivers who use a manufactured installed system. 
However, if you can, it’s best to keep your electronic device used for emergency calls to prevent climbing infractions and potential car accidents as a result of distracted driving. 
Did you know: According to the
National Highway Traffic Safety Association (NHTSA)
, a single text keeps your attention off the road for 5 seconds, and at 55 mph, is the equivalent of ‘driving the length of an entire football field with your eyes closed’.

What are the penalties for texting while driving in California?

In California, cases are judged on an individual basis, which means additional fees and fines could be assessed depending on the conditions of your violation. Each offense carries a higher fine with more severe penalties:
Offense
Base fee
Total after penalty assessment 
Points
License suspension
First offense
$20 
$162
0
No
Second or subsequent
$50
$285
1
Yes, if you rack up too many infractions
Distracted
driver points
are treated as any other moving violation point, and will stay on your record for up to 3 years. If you commit more serious traffic violations—like a DUI or reckless driving involving personal injury—they will remain against your driver’s license for up to 10 years
California drivers may also run the risk of license suspension if they receive a specific amount of points in a given timeframe: 
  • 4 points in 12 months
  • 6 points in 24 months
  • 8 points in 36 months
To avoid points adding up on your driving record, it’s best to obey all
California traffic laws
and regulations when it comes to wireless telephones and distracted driving. 

How to pay for a texting while driving ticket in California

After receiving a ticket for distracted driving—whether that was sending a quick text message, or using your smartphone for a phone call—you will need to pay the fine to your local DMV, either online, via mail, or over the phone
If paying your traffic ticket by mail, you will need to include the following information:
  • Form from local DMV
  • Check, money order, or credit card authorization for fee payment 
If paying online, you will need to find your local court’s website through the California Court’s
Find Your Court
page. Then, you’ll need access to an authorized debit or credit card to pay the applicable fees. When paying online, remember that there may be a 5% surcharge from the service provider your court uses.
If you opt to pay over the phone, you can simply call the number indicated on your traffic ticket. You will need to supply your name, date of birth, driver's license number, and traffic ticket number. Payment can be made with a debit or credit card, but an additional 5% surcharge may also be added on top. 

How to remove texting while driving points off driving record

Currently, there is no way in California to remove texting while driving points off your
California driving record
—but there are ways to negate them. 
In the state of California, drivers who receive a point for a subsequent offense can attend a
local traffic school
program to prevent the point from being added. 

Will a distracted driving ticket affect my insurance?

Any traffic violation resulting in fines and/or points will cause a steep increase in your
car insurance rates
. 
To avoid skyrocketing rates after a texting and driving ticket, let Siri take the wheel—err, messaging—over. Any hands-free or voice options are safe as long as you’re 18 and older. It’s a split decision that can help you maintain a good driving record, and potentially receive
discounts
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FAQs

Wearing headphones while driving—especially noise canceling ones—is equally as dangerous as texting while driving, and in California, is illegal. This law applies to both motor vehicle drivers and bikers.
Drivers over 18 can make calls while driving using a hands-free device in California. Handheld devices cannot be used unless for an emergency circumstance.  
This answer really depends. If you grab a hold of your phone while driving in California, that is illegal. However, if you’re using a hands-free device and move to make only one swipe, that is legal
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