Personal Injury Law Blog

Is Texting and Driving Illegal in California

Distracted driving crashes change lives in an instant. In Burbank and across California, drivers who reach for a phone or take their eyes off the road often never see what hits them. Is texting and driving illegal in California? Yes, and laws continue to evolve to close gaps in enforcement and improve safety measures. At Glotzer & Leib, we see the consequences of distracted driving up close and take action to hold negligent drivers responsible.

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California Cell Phone Laws for Motorists

Texting while driving is against the law for every driver in California. The state prohibits using a handheld phone behind the wheel, whether it’s to send a text or do anything else. According to California Vehicle Code §23123, phones can only be used if they’re set up for hands-free or voice-command use. Even quick looks to check directions or alerts can result in a violation based on recent legal interpretations.

Teen drivers under 18 face tighter restrictions. They’re not allowed to use a phone at all while driving, even with hands-free technology, unless it’s a true emergency. These added limitations are meant to reduce distractions during a critical learning period behind the wheel.

Can I Use My Phone in an Emergency Without a Hands-Free Device in California?

Yes, using a phone in an emergency may be permitted. Some exceptions might apply when a driver needs to report a fire, medical situation, or another serious hazard. In those instances, calling 911 without a hands-free device could be considered acceptable if there’s no safer alternative.

Still, what qualifies as an “emergency” can be quite limited. Calling a friend about a flat tire probably doesn’t count. When in doubt, it’s best to pull over before using your phone.

Common Signs a Driver Is Texting While Driving

Distracted drivers leave clues. When someone is texting behind the wheel, they often:

  • Drift into another lane without signaling
  • Brake suddenly or inconsistently
  • Miss traffic signals or stop signs
  • Drive well below the speed limit
  • Hold the phone low while looking down

Is texting and driving illegal in California when stopped at a red light? While you’re not in motion, you’re still considered to be operating the vehicle. Holding a phone to read or respond to messages during that time could still result in a violation under specific interpretations of the law.

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At Glotzer & Leib, LLP, we believe every injury victim deserves experienced, dedicated representation, without being treated like just another case. With decades of experience and a track record of seven-figure results, we take on powerful insurance companies and fight for those whose lives have been disrupted by serious motor vehicle accident, a workplace injury, or any type of personal injury claim. You’re not just a case to us, you’re our priority.

How Much Does a Texting and Driving Ticket Cost in California?

A texting and driving ticket in California may result in fines that vary based on several factors. While some sources reference a base amount, the total cost can be significantly higher due to added fees.

For repeat violations, the financial impact could increase further. Additionally, insurance premiums may be affected, depending on how the violation is categorized by your insurer.

Text Messages as Evidence After a Distracted Driving Accident

In a car accident case, text messages can become a valuable piece of evidence. If the other driver was texting before the crash, that activity may help demonstrate negligence.

Attorneys may seek access to phone records or request timestamps from messaging apps to help establish a timeline. Dashcams and traffic cameras can also strengthen your case by showing the driver wasn’t paying attention. Witness statements may further support claims that the person used their phone during the crash.

A distracted driving claim isn’t simply about assigning blame; it’s about showing that a driver didn’t uphold their responsibility to stay attentive on the road.

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How Texting While Driving Can Impact Your Car Insurance in California

Insurance companies take texting and driving seriously. Even one violation can lead to higher premiums. In some cases, insurers may label the driver high risk, making it harder and more expensive to secure coverage.

Distracted driving isn’t just about texting. According to the California Office of Traffic Safety, mobile devices remain the leading distraction behind the wheel. Their 2025 survey found that 71.4% of Californians consider texting and driving one of the top dangers on state roads.

The consequences aren’t just financial. Distracted driving has played a role in many fatal crashes across the state. Even as awareness grows, the risk remains high. Insurance rate hikes are just one outcome; lives are the ultimate cost.

Injured by a Distracted Driver? Contact a California Car Accident Lawyer

Glotzer & Leib helps crash victims in Burbank and across California rebuild their lives after distracted driving accidents. Whether you were rear-ended at a stoplight or sideswiped by a texting driver on the freeway, we know what it takes to build a strong case.

Is texting and driving illegal in California? It is, and when someone’s negligence causes you harm, you deserve answers. Contact us today at 747-241-8288 or visit us at 1023 N Hollywood Way Suite 202, Burbank, CA 91505 for a consultation.

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Joshua W. Glotzer

Joshua W. Glotzer is a Super Lawyers-recognized personal injury attorney and Managing Partner at Glotzer & Leib, LLP. With over 25 years of experience and multiple seven-figure recoveries, he handles complex cases involving car accidents, slip and falls, and elder abuse. Known for his personalized, results-driven approach, Glotzer ensures every client receives the skilled representation they deserve.

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