San Diego DUI attorneys recite the California Vehicle Code Hand-Held Wireless Telephone & Electronic Wireless Communications Device: Prohibited Use laws below:
“Hand-Held Wireless Telephone: Prohibited use
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.
(b) A violation of this section is an infraction punishable by
a base fine of twenty dollars ($20) for a first offense and fifty
dollars ($50) for each subsequent offense.
(c) This section does not apply to a person using a wireless
telephone for emergency purposes, including, but not limited
to, an emergency call to a law enforcement agency, health care
provider, fire department, or other emergency services agency
or entity.
(d) This section does not apply to an emergency services
professional using a wireless telephone while operating an
authorized emergency vehicle, as defined in Section 165, in the
course and scope of his or her duties.
(e) This section does not apply to a person driving a
schoolbus or transit vehicle that is subject to Section 23125.
(f) This section does not apply to a person while driving a
motor vehicle on private property.
(g) This section shall become operative on July 1, 2011.
Added Sec. 5, Ch. 290, Stats. 2006. Effective January 1, 2007. Operative
July 1, 2011.
Amended Sec. 3, Ch. 214, Stats. 2007. Effective January 1, 2008. Operative
July 1, 2011.
Electronic Wireless Communications Device: Prohibited Use
23123.5. (a) A person shall not drive a motor vehicle
while using an electronic wireless communications device to
write, send, or read a textbased
communication, unless the
electronic wireless communications device is specifically
designed and configured to allow voice-operated and handsfree
operation to dictate, send, or listen to a textbased
communication, and it is used in that manner while driving.
(b) As used in this section “write, send, or read a textbased
communication” means using an electronic wireless
communications device to manually communicate with any
person using a textbased
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 textbased
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 or if a person
otherwise activates or deactivates a feature or function on an
electronic wireless communications device.
(d) A violation of this section is an infraction punishable by
a base fine of twenty dollars ($20) for a first offense and fifty
dollars ($50) for each subsequent offense.
(e) 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.
Added Sec. 2, Ch. 270, Stats. 2008. Effective January 1, 2009.
Amended Sec. 1, Ch. 92, Stats. 2012. Effective January 1, 2013.
Wireless Telephone Use: Prohibition : Persons Under 18
23124. (a) This section applies to a person under the
age of 18 years.
(b) Notwithstanding ( ) 1 Sections 23123 and 23123.5, a
person described in subdivision (a) shall not drive a motor
vehicle while using a wireless telephone ( ) 2 or an electronic
wireless communications device, even if equipped with a
handsfree( ) 3 device.
(c) A violation of this section is an infraction punishable by
a base fine of twenty dollars ($20) for a first offense and fifty
dollars ($50) for each subsequent offense.
(d) A law enforcement officer shall not stop a vehicle for the
sole purpose of determining whether the driver is violating
subdivision (b).
(e) Subdivision (d) does not prohibit a law enforcement
officer from stopping a vehicle for a violation of Section 23123
or 23123.5.
(f) This section does not apply to a person using a wireless
telephone or a mobile service device for emergency purposes,
including, but not limited to, an emergency call to a law
enforcement agency, health care provider, fire department, or
other emergency services agency or entity.
(g) For the purposes of this section, ()4 “electronic wireless
communications device” includes, 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 twoway
messaging device.
( ) 5
Added Sec. 4, Ch. 214, Stats. 2007. Effective January 1, 2008. Operative
July 1, 2008.
Amended Sec. 1, Ch. 754, Stats. 2013. Effective January 1, 2014.
The 2013 amendment added the italicized material, and at the point(s) indicated,
deleted the following:
1. “Section 23123, ”
2. “, ”
3. “device, or while using a mobile service ”
4. ““mobile service ”
5. “(h) This section shall become operative on July 1, 2008.”
Schoolbus or Transit Vehicle Drivers: Prohibition Against Use of Wireless Telephone
23125. (a) A person may not drive a schoolbus or
transit vehicle, as defined in subdivision (g) of Section 99247 of
the Public Utilities Code, while using a wireless telephone.
(b) This section does not apply to a driver using a wireless
telephone for workrelated
purposes, or for emergency
purposes, including, but not limited to, an emergency call to a
law enforcement agency, health care provider, fire department,
or other emergency service agency or entity.
(c) Notwithstanding any other provision of law, a violation
of subdivision (a) does not constitute a serious traffic violation
within the meaning of subdivision (i) of Section 15210.
Added Sec. 1, Ch. 505, Stats. 2004. Effective January 1, 2005.